If a spouse was in the military and is entitled to military retired pay, the other spouse may be entitled to receive some of these benefits through the dissolution of the marriage. The Uniform Services Former Spouse Protection Act allows state courts to consider a service member's retirement pay to be treated as marital property and equitably distributed through the dissolution process.
The three major factors to be considered with military retirement are:
- The former service member's spouse may not receive more than 50% of the military retirement benefit income paid the former service member.
- For a spouse to receive benefits from the former service member's military retirement, the marriage must have lasted at least 10 years.
- The service member must have accumulated a minimum of 10 years creditable service during the course of the marriage.
Without experience calculating military retirement amounts payable through a dissolution of marriage can be confusing depending on the marital issues and factors to be considered.
If you have questions or concerns, feel free to set up a free phone consultation with BLC Law and we will help any way that we can.