Ex-spouse military retirement benefits vary from state the state, but the Uniformed Services Former Spouses Protection Act of 1982 spells out much of the benefits. Find a lawyer who is familiar with the USFSPA with advice from a certified family mediator in this free video on family law.

Expert: Robert Todd
Bio: Robert Todd is the managing partner and president of Robert M. Todd, P.A. and Family Law Solutions.
Filmmaker: Christopher Rokosz…(read more)

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Divorce can be a complicated and emotionally charged process, especially when it comes to dividing assets and determining financial support. One often contentious issue that arises in divorce cases involving military personnel is the division of military retirement benefits.

Under the Uniformed Services Former Spouses Protection Act (USFSPA), which was enacted in 1982, ex-spouses of military personnel are entitled to a portion of the service member’s retirement benefits if certain conditions are met. This law was put in place to provide financial support to the non-military spouse who may have sacrificed their own career or education opportunities to support their partner’s military service.

The division of military retirement benefits in a divorce case is handled similarly to the division of other types of marital property. The court will typically determine what portion of the retirement benefits the non-military spouse is entitled to based on factors such as the length of the marriage, the service member’s rank and years of service, and any other relevant financial considerations.

It’s important to note that the division of military retirement benefits can only be determined during the divorce proceedings. If there is no mention of these benefits in the divorce decree, the ex-spouse may not be entitled to any portion of the retirement benefits in the future.

Additionally, it’s crucial for the non-military spouse to ensure that the division of retirement benefits is clearly outlined in the divorce decree and that the necessary documents are filed with the Defense Finance and Accounting Service (DFAS) to enforce the court order. Without these steps, the ex-spouse may not be able to claim their rightful share of the retirement benefits.

In some cases, the service member may also be required to maintain a certain level of financial support for their ex-spouse as part of the divorce settlement. This could include providing health insurance coverage, paying alimony or child support, or making other financial contributions to support the ex-spouse’s financial well-being.

Overall, navigating the legal complexities of military retirement benefits in divorce cases can be challenging, which is why it’s essential to work with an experienced family law attorney who is well-versed in these matters. By seeking professional guidance and ensuring that all necessary steps are taken to protect their rights, both the service member and their ex-spouse can navigate this process with minimum stress and confusion.