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How Are Military Pensions Divided in a Divorce?
Divorce is never easy. However, when a military member decides to end their marriage, the process is significantly more complicated than it is when two civilians divorce. Please continue reading to learn how military pensions are divided during a divorce and why connecting with an experienced Ocean County Divorce Attorney is in your best interest.
What is a Military Pension?
First, it’s important to understand that after a service member retires from the military they are entitled to a pension. A military pension is a fixed monthly payment that is fully funded by the government. To receive a pension, a service member must have served for 20 or more years. Generally, the amount of the pension is based on the service member’s highest rank and the average of their highest three years of basic pay. It’s important to note that service members can choose to receive their pension as a lump sum instead of monthly payments.
How Are Military Pensions Divided in a Divorce?
When a military member divorces, their retirement pay is one of the most hotly contested issues that must be addressed. The Uniformed Services Former Spouses Protection Act allows military pensions to be treated as marital property and thus subject to equitable distribution. As such, an ex-spouse may be entitled to half of the pension if the marriage lasted at least 10 years, with an overlap of 10 years of military service creditable towards retirement.
New Jersey is an equitable distribution state, which means marital property is divided in a manner that is fair, but not necessarily equal. The distribution of assets is based on both spouse’s domestic and financial contributions to the marriage. Under federal law, former spouses can be awarded up to 50% of the servicemember’s pension. The actual amount that will be awarded is up to the court’s discretion.
It’s important to keep in mind that neither spouse is entitled to receive this pay until the servicemember retires. When the servicemember does retire, however, the civilian spouse can receive payments directly from the Defense Finance and Accounting Service (DFAS). If the 10/10 rule is met, the government will pay the former spouse directly. If not, the entirety of the military pension will be given to the retired service member who is then required by the court order to distribute funds to their former spouse.
If you are facing a military divorce and have questions regarding your rights, please don’t hesitate to contact a knowledgeable Ocean County divorce attorney from the Law Office of Sarina Gianna, LLC, who can help safeguard your hard-earned assets. Connect with our firm today to learn how we can fight for you.
