If you’re a military spouse considering divorce, you may be wondering whether you are entitled to receive part of your spouse’s military pension in the divorce settlement.
Lead Family Law Attorney Allison Sutton explains the complex factors that determine whether you should get part of the military pension. Military divorce can be complicated, so it’s important to talk to a divorce lawyer who understands its complexities. Before you agree to anything related to splitting a military pension, talk to a divorce lawyer.
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Find Out How Much Military Pension You Will Get in the Divorce
Service members who are in the military for at least 20 years qualify for military retired pay or a military pension. If you’re the spouse of a service member who is considering divorce, it’s important to know that you may be entitled to a share of that military pension. Likewise, if you’re the retired or retiring service member contemplating divorce, you will want to know what the law says about your military pension.
A Common Misconception
There is misinformation out there that military spouses do not qualify for any share of a military pension unless the couple has been married for at least 10 years. This is not correct.
Here’s the thing about that 10-year rule: a spouse does not qualify for direct payment of their share from Defense Finance Accounting Service, or DFAS, unless 10 years of marriage overlap 10 years of military service.
How Military Pensions are Divided
A time rule formula is used to determine how a military pension is divided. This formula determines the marital share of the pension. The military spouse is entitled to half of the marital share.
The Time Rule Formula:
number of months of marriage
number of months of service
Meet with a Colorado Divorce Attorney
These are just the basics of the division of military pensions in divorce. If you are a military member or a military spouse who is considering divorce, talk to one of our lead divorce attorneys about your legal rights. Call 303-688-0944 to begin your free case assessment.