Divorce Settlements & Military Retirement Benefits

Getting a divorce can be complicated and painful under any circumstance. Military divorces, however, can be even more so, especially when retirement benefits are involved. While each state has different laws on the division of military retirement benefits, there are some overarching federal regulations that govern the topic.

Laws

The division of military retirement benefits in the event of a divorce is governed by the Uniformed Services Former Spouse's Protection Act. This law does not mandate the exact division of benefits, but grants court the ability to recognize them as joint property is applicable.

Division of Benefits

Although the exact division of retirement benefits varies from state to state, the USFSPA does mandate that the service member must receive at least 50 percent of the benefits. It also mandates that payments to the divorced spouse cannot be more frequent than once a month.

Eligible Income

The USFSPA also mandates the kinds of retirement income that is eligible to be split and defines it as "disposable retired pay." This is the amount of pay after certain deductions that may come by way of mandatory repayment to the government after the overpayment of benefits or lost benefits by way of a court-martial. It also stipulates that disability pay is exempt from his definition and, therefore, cannot be split.

References

• The Military Law Group: Military Divorce, Custody and Support
• Cornell University Law School: United States Code - Title 10, 1408