How Are Military Pensions Treated in the Event of a Divorce?

No divorce is easy to go through. Along with feeling emotional about the marriage coming to an end, people may also find themselves having a negative reaction to certain topics that need to be discussed, such as child custody, alimony, and property division. When someone in the military decides to divorce their spouse, they should expect some things to be a little different than it is for those who are civilians.

There may be many things done differently for those in the military, but military pensions are divided similarly to the retirement benefits of civilians. Depending on the laws of the state in which the divorce is being carried out, a service member’s pension may be seen as separate or community property. The amount of money to which the former spouse may be entitled may also depend on the duration of the marriage and how much of that time overlapped with the period the service member was engaged in military duty.

There are a number of factors that help courts determine if a pension is a community or sole property. How the courts decide to see a person’s military pension is sometimes dependent upon state laws. Should it be seen as community property, it may not be something that the military member agrees with, but they have to go along with what the court has decided and allow their spouse access to their military pension.

Service members who are considering divorcing their spouse may want to speak to an attorney. With divorce laws different for those in the military, it may not be easy to figure out the process or how you should go about things. An attorney may be able to assist you and get your divorce finalized in a timely manner.

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