Dividing A Military Pension In A Divorce

If you or your spouse is in the military or has a military pension, the property division in your divorce is more complex than most.

2013-02-01

February 01, 2013 (Press-News.org) Dividing a military pension in a divorce

If you or your spouse is in the military or has a military pension, the property division in your divorce is more complex than most. The Uniformed Services Former Spouses Protection Act, or USFSPA, governs how a military pension and other military benefits are distributed or used in the event of a divorce.

Basics of the USFSPA

Military disposable retired pay is the service member's monthly retirement benefit -- a military pension. The USFSPA allows state courts to treat a military pension just like any other pension plan when dividing assets in a divorce. A service member's spouse may receive a portion of a military pension in the following ways post-divorce:
-Retired pay may be divided for property settlement purposes

-Retired pay may be garnished to satisfy child support and spousal support obligations

In order for a former spouse to receive payments from a military pension, there must be a court order that follows the rules and conditions specified in the USFSPA. The court order must specifically order that the spouse receive a portion of the retired pay.

The USFSPA does not provide that a former spouse of a service member automatically receives half of the service member's pension. If the duration of the marriage was ten years or more, however, the nonmilitary spouse is entitled to some portion of military pensions and retirement benefits.

How the pension will be treated in a divorce is decided according to the state law that has jurisdiction over the divorce. In Arizona, pensions are governed by A.R.S. ?25-318.01 and are considered "community property" and are subject to an equitable division in the divorce process.

In addition to retirement benefits, former military spouses may also be entitled to:
-Receive commissary, exchange, and health care benefits post-divorce

-Be designated as a Survivor Benefit Plan, or SBP, beneficiary. This means that the former spouse can receive survivor benefits in the event of the service member's death.

-Receive military medical benefits for a temporary duration

If the service member is stationed overseas, other laws may be applicable.

The importance of an experienced military divorce attorney

Dividing military retirement benefits in a divorce is extremely complex. Whether you are the nonmilitary spouse or the spouse that is a member of the military, it is extremely important that you work with an attorney who is familiar with the laws and statutes that are specific to military divorces. Call an experienced military divorce attorney to learn more.

Article provided by Hector A. Montoya
Visit us at http://www.thetucsonlawyer.com/

ELSE PRESS RELEASES FROM THIS DATE:

Prenuptial and Postnuptial Agreements

2013-02-01

Prenuptial and postnuptial agreements With more and more people marrying later in life and the increase in second marriages, prenuptial agreements are becoming more popular. A prenuptial agreement is a marital contract that is entered between a couple prior to their marriage. Generally a prenup ensures that the assets a person brings into a marriage remain their own if the marriage ends in divorce. The prenuptial agreement circumvents the idea of "what is mine is yours." Benefits of a prenuptial agreement Couples choose to enter into a pre-martial contract ...

Women And Children May Face Lapses In Insurance Coverage After Divorce

2013-02-01

Women and children may face lapses in insurance coverage after divorce A new study discovered many women become uninsured every year after divorce. Sadly, lapses in insurance also affect the children of divorcing parents. Spouses should plan for their health, automotive, life and homeowners insurance coverage during divorce proceedings. Divorcing women may lose health insurance coverage A study by researchers at the University of Michigan found that every year about 115,000 women in the United States lose their health insurance coverage due to divorce. For the ...

The Dangers Of Athletics: High School Football And Brain Damage

2013-02-01

The dangers of athletics: High school football and brain damage All sports involve some risk of injury. The nature of athletics coupled with the fearlessness of many children leads to thousands of sports-related accidents yearly. Yet, a recent study has brought forth disturbing data concerning long-term brain damage in football players, even those who only play at an amateur level. High school football may lead to long-term brain damage The Boston University Center for the Study of Traumatic Encephalopathy recently conducted a study which found evidence that playing ...

MN Legislator May Introduce Bill To Require Paid Sick Leave

2013-02-01

MN legislator may introduce bill to require paid sick leave If you live and work in Minnesota, the chances are high that you either know someone or have personally been infected with one of the flu strains prevalent in the state this year. Minnesota is currently in the midst of flu season, with hospitals in Southern Minnesota recently reporting a sharp increase in the number of flu cases. According to health officials, over 900 people in Minnesota have been admitted to the hospital due to the flu. The flu season got off to an early start this year. A health official ...

Three Steps In Rebuilding Your Credit After Bankruptcy

2013-02-01

Three steps in rebuilding your credit after bankruptcy It goes without saying that the economy has been tough for the past four years. As a result of these economic difficulties, more South Carolinians and Americans in general have been through a bankruptcy. However, once the bankruptcy is completed, many do not know what to do to rebuild their credit. It is important to return to financial heath after bankruptcy. Once a bankruptcy is filed, it stays on your credit report for up to 10 years, which can lower your credit score dramatically. Since lenders use your credit ...

Former Miami Police Sergeant Convicted Of Drug Conspiracy

2013-02-01

Former Miami police sergeant convicted of drug conspiracy A former Miami police sergeant was recently convicted by a federal jury on several charges, including drug conspiracy and civil rights violations. According to an FBI press release dated January 18, 2013, Raul Iglesias of Miami was convicted on eight counts, including conspiracy to possess cocaine, possession with intent to distribute, obstruction of justice and other charges. Earlier in January, the Miami Herald reported that Iglesias had testified in his own defense at trial, denying allegations that he had ...

New Law May Decrease Nursing Home Abuse In California

2013-02-01

New law may decrease nursing home abuse in California A new California health care law makes all employees, supervisors or administrators at nursing homes or assisted living facilities mandated reporters. As mandated reporters, they are legally required to report any physical abuse, abandonment, neglect, isolation or financial abuse of residents in long-term care centers to local law enforcement and the care center's ombudsman. The new legislation is a welcome response to elder abuse. Napa County's Health and Human Services department investigated 295 abuse and neglect ...

Nursing Home Director Sentenced To Prison For Drugging Elderly Residents

2013-02-01

Nursing home director sentenced to prison for drugging elderly residents A California nursing director at a Kern County hospital was sentenced to three years in prison for drugging elderly patients with potent and medically unnecessary anti-psychotic medication to make them easier to control. According to the California Attorney General, the nursing director convinced others to prescribe the drugs to the noisier and more argumentative patients, so that she could keep them quiet and more manageable. The unnecessary drugs killed three patients and many more suffered serious ...

Church Van Crash Victims' Families Sue Driver Who Crossed Center Line

2013-02-01

Church van crash victims' families sue driver who crossed center line The families of a teenage girl and a youth pastor who died when their church van was struck head on by another vehicle on Chapman Highway have sued the driver they say is responsible for causing the crash. The 21-year-old man was allegedly driving under the influence when police say he crossed the center line in his sport utility vehicle and struck the church van head-on, killing a 16-year-old and a 45-year-old, and injuring 12 others. Investigators reported that they found drugs in the man's SUV. ...

Jelastic Launches Auto-Scaling PHP Cloud Hosting Platform-as-a-Service

2013-02-01

Jelastic, Inc., the company behind the ultra scalable and interoperable cloud hosting platform for Java, today announced the launch of its highly anticipated PHP hosting service. Jelastic's PHP Platform-as-a-Service (PaaS) runs applications without code changes and offers advanced options for experienced programmers. Jelastic is known for its advanced functionality that is both easy to use, and flexible and powerful enough for experts. Unlike most PaaS offerings, it does not require code adaptation, so anyone can deploy a PHP application in the cloud in just a few clicks. ...

Dividing A Military Pension In A Divorce

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: