Military Divorce Retirement Benefits And Property Division

Guiding Service Members And Spouses Through Asset Division

Divorce can feel exceedingly complicated for military spouses and service members. One of the most overwhelming facets of divorce is dividing retirement accounts equitably. Navigating the bureaucracy, red tape and paperwork is not easy, especially if you are also trying to raise a family at the same time.

I can be your guide. At JerriLynn Hadley PLLC in Pensacola, I work with military spouses, veterans and active-duty service members stationed around the world who are ending a marriage. I am deeply invested in helping you, as I am a Navy veteran who has also experienced a divorce.

The USFSPA: What To Know

The Uniformed Services Former Spouses’ Protection Act, or USFSPA, regulates the division of military retirement pay. Under this law, spouses married to a service member for at least 10 years may receive benefits directly from the Defense Finance Accounting Service (DFAS). If a couple does not meet this timeline, the spouse may collect benefits directly from the service member.

How Do Military Benefits Get Divided?

Benefits through the Department of Veterans Affairs are not subject to division, since the veteran earned them by serving in the armed forces. Benefits through the Department of Defense (DOD), however, are different. Military spouses may receive up to 50% of a service member’s DOD benefits accumulated during the marriage. For example, if a service member’s marriage lasted five years, the spouse may collect half the benefits accrued during those five years, but not the years prior to the marriage or after the divorce.

Experienced Guidance When Dividing Military Assets

With my experience as both an active-duty service member and divorce lawyer, I can assist you with every aspect of your asset division. To ask me questions, express concerns or discuss your situation, schedule a free initial consultation at my office. To schedule your consultation, call 850-641-8959 or send me an email.