Certain aspects of divorce are already difficult if the two parties are civilians, but when one spouse is in the military, specific issues can present just as much, if not more difficult. During a divorce, the division of assets and property will be discussed. When it comes time to discuss the division of retirement benefits, those going through a military divorce may find that their military pension is subject to being divided between them and their spouse just as it would be if it were a civilian divorce.
The Uniformed Services Former Spouses’ Protection Act is the reason for this division of the pension occurring. Depending on the state, the military pension may be seen as sole or community property. If it is seen as community property, the spouses will be required to split the retirement pay. The amount that each party will receive is decided upon by the state and the laws that have been laid out.
Before the state decides on this amount, one thing must be looked at: the length of the marriage and when the member served. This rule, known as the 10-year rule, states that if the marriage was a minimum of 10 years and service occurred during that time, the Defense Finance and Accounting Service will make payments of the former spouse’s portion of the pension.
If you are going through a military divorce and have questions about your military pension and the division of assets, a Texas divorce attorney may be able to assist you.