Depending on what state you reside in, the laws concerning division of
property in divorce can vary. However, when it comes to a
military divorce, the rules change slightly.
If a spouse receives military pension, those funds will continue to be
paid out even once the divorce has been finalized. The Uniformed Services
Former Spousal Protection Act allows payments to continue post-divorce
and even provides certain base privileges to the former spouse. It is
up to the state courts to determine whether disposable retired pay is
to be considered property of the former military member only, or will
extend it to the former spouse as well.
There is no specific calculations that determine how much of a retired
member's pay will be awarded to the other spouse; the maximum it can
be is 50 percent. Just because you are married to a former military member
does not mean that you will automatically get a portion of his retirement
pay during your divorce proceedings. Most states already have a system
that they use for determining how much the non-military spouse will receive
under most circumstances.
If you're going through a military divorce,
contact us to get the legal assistance you need from a
Jacksonville family law attorney.