Military retirement benefits are a key source of support for service members and their families after retirement. They can also become a contentious issue during a divorce. Knowing how courts deal with military retirement benefits can help you make informed decisions when going through the divorce process.
Can former spouses receive a portion of a servicemember’s retirement benefits?
The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to divide military retirement pay in the same way as other property in a divorce. This means that a servicemember’s former spouse may be able to receive a portion of their retirement benefits in the divorce process.
The way the courts divide that property depends on the laws of the state where you file. It is vital to have the guidance of an attorney who understands not only the laws in this state and the challenges involved in dividing military benefits.
Former spouses can also receive benefits through the Survivor Benefit plan, which gives ongoing income to a named person if the servicemember dies. In a divorce, the court may order the service member to elect former spouse coverage. This ensures that the non-military spouse receives benefits if the service member passes away first.
How do former spouses receive their benefits?
If the marriage lasted at least ten years and those years overlapped with ten years of military service, they qualify for direct payments from the Defense Finance and Accounting Services (DFAS). This is known as the 10/10 rule. Spouses who do not qualify under this rule can still receive a portion of retirement benefits, but the servicemember would make those payments instead of DFAS.
Military retirement benefits can be a complex issue during divorce. Understanding the law and your rights is an important first step toward receiving your fair share of these valuable assets.