Military Divorces Have Unique Issues
While the grounds for divorce and the issues of support and custody remain the same as for all other divorcing parties and a case is contested or uncontested depending on whether any issues remain unresolved, military members and spouses face issues involving the Uniformed Services Former Spouses Protection Act (USFSPA). USFSPA only allows a state court to divide a servicemember’s disposal retired pay, not his/her gross retired pay. If the number of years of marriage and the servicemembers military service overlap ten years, then DFAS will provide direct payment to the ex-spouse, otherwise the payment will have to come directly from the servicemember.
The non-military member usually receives a portion of the retirement earned during the marriage and that portion is generally 50%. It is his/her marital share of retirement. Determining that share depends on the years of marriage to the date of separation, the years of service by the servicemember, and whether the servicemember is already retired or still active duty.
The disability pay of a servicemember is not divisible.
Other unique issues involving Survivors Benefit Plans, Thrift Savings Plans and Tricare Benefits also often need to be addressed.
Barbour Rixey has proudly represented both servicemembers and their spouses throughout his career and can guide you through the details involved with the benefits extended to each party.