Am I Entitled to my Ex-Spouse’s Military Pension After Divorce?

Sep 21, 2020 | Divorce

The United States Military boasts attractive retirement benefits. Upon completing 20 years of service, one can retire and earn 50% of their base pay for the remainder of their lives. If you are married to a woman or man in uniform, then you likely have a claim on your spouse’s pension.

In a nutshell

The amount of the military pension that you are entitled to depends on a myriad of factors.

First, it is determined by the state in which you file the divorce. Each state has different laws regarding how assets are divided in a divorce. Military families typically move all over the country, so understanding the proper jurisdiction may be a challenge.

Second, the amount you receive also depends on how many years your spouse served in the military and how many of those years occurred during the marriage. The longer you were married while your spouse was in the military (and the farther along in their career they were), the greater your entitlement will be.

Third, depending on when your military spouse plans on retiring, it could be a long time until you access their pension. You may want to consider “horse-trading” other marital assets for the pension during the divorce process. This ensures that you receive something as opposed to what could be nothing if the military spouse is somehow disqualified from receiving their pension after the divorce.

Because of the complexity of your decision, consulting the attorneys at Marple Rubin Family Law could save you thousands of dollars in the long run. In all divorces, it is important to remember that the process is a business transaction. Call us today (770-796-4000) or request a consultation through marplerubin.com.

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