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.