Many complex decisions must be made during a divorce, especially when one spouse is in the military. Issues like alimony, child custody, child support, and property division all need to be settled before a divorce can be finalized. A pension is based on money likely contributed from marital funds so it makes sense that even after a divorce a spouse may be entitled to a portion of their ex’s military pension. If you are getting divorced from a military member it is crucial that you obtain skilled representation. Contact a Union County divorce attorney to learn more about your rights during this process.
What is a Pension?
A pension is a type of retirement plan that certain careers offer, including the military. During the course of a military member’s career, they will contribute funds to their retirement plan, the Thrift Savings Plan. Depending on the type of plan they have, the government may match the contributions up to 4%. Once the individual retires from the military they will receive monthly pension checks comprised of the money they and the government contributed.
Can I Receive My Spouse’s Military Pension After a Divorce?
Keep in mind that the government does not just give out free money after an individual retires from the military. During the course of their career, the servicemember contributes money toward their pension with the agreement that the military will match their contributions and pay that money back to them upon retirement.
Because the military spouse contributes to the pension with marital funds, it is only right that their spouse is entitled to a portion of the benefits. Under the USFSPA (Uniformed Services Former Spouses’ Protection Act), military retirement pay is considered marital property during a divorce. This means that divorced spouses of military members may be awarded a portion of their former spouse’s pension once they retire.
What is the 10/10 Rule?
The 10/10 rule dictates how an ex-spouse is entitled to receive their share of the pension. Neither spouse will see any money until the military member retires. Once they do, the military will send the military spouse a monthly check, but the ex will receive their portion in one of two ways.
If the 10/10 rule applies to their situation, then the ex-spouse will receive their own check from the Defense Finance Accounting Service of the military. The 10/10 rule is met when the marriage lasted at least 10 years and 10 of those years overlapped with the time that the military spouse was in service. If the marriage lasted 10 years but the military spouse did not enlist until 5 years into the marriage, the 10/10 rule does not apply.
If the 10/10 rule is not applicable, the former military member will receive a check each month with the full pension amount. They are then required to pay their ex the amount they have been awarded.
Speak with an experienced divorce attorney to learn more about your rights during a military divorce.
