Division of retirement benefits is a critical issue in military divorces
One of the most challenging issues in a military divorce involves retirement benefits. The USFSPA is a federal statute that guides the military when determining division of retirement benefits.
April 05, 2013
According to the U.S. Department of Defense, more than 56 percent of all active duty military personnel are married. However, military life comes with long periods of separation and frequent relocation. Unfortunately, this means the stress of military life often results in divorce.Divorce is always difficult and emotional, but a military divorce presents unique challenges. It is important to understand all of the issues involved in this unique situation. The division of military retirement benefits is typically one of the main concerns of divorcing military couples.
Purpose of the Uniformed Services Former Spouses' Protection Act
The Uniformed Services Former Spouses' Protection Act is a federal statute that advises the military to look to state statutes when deciding issues such as alimony, child support and retirement benefits.
However, it is important to realize that the USFSPA is not an actual federal law. It does not mandate that a former spouse receive a portion of military retirement benefits. Rather, it simply gives state courts permission to classify military retirement pay as an asset and divide it according to the applicable property laws of the state in which the divorce action is filed.
Payments of military benefits are in addition to any alimony or child support. This ensures that former military spouses are able to support themselves after a divorce. The maximum amount of military retirement benefits a former spouse may receive is 50 percent.
The Defense Finance and Accounting Service make direct payments of military retirement benefits. Under the USFSPA, these direct payments to a former spouse must begin no later than 90 days after an application that fulfills all the requirements of the USFSPA is received by the DFAS.
Additional information and advice
Payment of military retirement benefits also depends on the duration of the marriage and length of military service. Benefits are paid to the former spouse of a military member if the couple was married for 10 years that overlap with at least 10 years of military service.
For instance, if a military couple was married for 13 years and one spouse was in the military for eight of those years, the non-military spouse would not be entitled to a direct payment of military retirement benefits, but may still qualify for a portion of the payments, depending on the specific terms of the settlement agreement.
Location affects the military divorce process as well. The process may take longer if the service member is stationed overseas or in a faraway location. However, there may be broader jurisdiction requirements in a military divorce, and a spouse may be permitted to file for divorce wherever he or she is currently stationed.
It is essential for divorcing military couples to enlist the services of an attorney who understands the unique issues involved in a military divorce. The attorney can provide experience, compassion and assist with a just divorce settlement.
Article provided by Eddy Paul Rice, IV
Visit us at www.eddypaulrice.com