Military Divorce Rules Allow Pension Splits

A law passed during the Reagan Administration allows spouses in a military divorce to receive half of their service member spouse’s pensions. The Uniformed Services Former Spouses Protection Act of 1982 states that military pensions, which service members typically earn after twenty years in the military, are to be considered community property. These pensions, intended as a reward for a lifetime of service, are often among the most highly valued assets in a military divorce.

Military Divorce Rates Higher Than Civilians

An examination of military divorce rates shows how the strain of a military career can affect a marriage. The stresses of military life, including fear for the service member’s safety, frequent relocation, and conducting oneself under strict discipline, can break even the best marriage. Couples in which both spouses are military members have higher divorce rates than civilian couples. When one spouse is a service member and the other is a civilian, the military divorce rate is even higher.

Pensions As Assets In Military Divorce

In any military divorce case, the service member spouse’s pension will often be the most sought-after asset. Most military divorce cases include few major assets, such as homes or property, due to frequent relocations and the use of housing on military bases. The value of these pensions becomes even more apparent when considering the length of service. The forty-year pension for a retired U.S. Army Master Sergeant can be worth as much as $1.7 million after taxes. The same pension for a retired U.S. Army Lieutenant Colonel can be worth nearly $3 million after taxes.

Military Divorce Impacts Service Retirees

Some former service members are campaigning to have the military divorce pension law revised. In 2005, U.S. Army Lt. Colonel Patricia Larrabee told then-Defense Secretary Donald Rumsfeld, “I can’t afford to write a paycheck to my ex-husband out of my military pay.” Jax Garcia, a twenty-year U.S. Navy veteran, only found out about the law after her military divorce proceedings started. Her attorneys advised her that half of her pension would go to her ex-husband, who has since remarried and is still employed.

State Rules for Military Divorce Pensions

While all 50 states consider service pensions as community property in a military divorce, some states differ on the limits for those pensions. The majority of states use the service member’s rank at retirement to determine the pension amount to be distributed, regardless of when the military divorce occurred. In some states, such as Texas, the spouse receives a share of the pension based on the service member’s rank at the time of the military divorce.

Source: KLAS-TV

Get Answers For Your Military Divorce Questions

To find out how we can answer your questions about your military divorce case, contact one of our attorneys today. Our intake team will take down the details of your case and quickly connect you to an attorney who understands military divorce law and how your status affects your case. You can also fill out the “Free Case Evaluation” form at the top of this page.