Military Divorce

Yes. Military pension division and allocation of the Survivor Benefit Plan (SBP)—the survivor annuity associated with the military pension—is extremely complex. Additionally, your attorney should be familiar with what unique benefits exist for the military retiree, how to divide them in an equitable manner, and what protections are available for the former spouse after the divorce.

No. There is not a federal statute that states how to divide military retirement benefits. The federal statute which allows military pension division is the Uniformed Services Former Spouses’ Protection Act (USFSPA), but it does not govern how to divide a military pension. It simply allows for the division of military pensions by state courts, leaving the rules up to each state.

There is federal law that allows for the award of SBP but there is no automatic entitlement to the SBP.

The SBP premium costs approximately 6.5% of the selected base amount for active-duty personnel and approximately 10% for reserve/guard personnel.

The Defense Finance and Accounting Service (DFAS) deducts the SBP premium from retired pay.

It depends. The default under federal law is that the SBP premiums are deducted “off the top” from gross retired pay, which means that the retiree and the former spouse share the payments in the same proportion as they share the underlying pension.

The SBP annuity is 55% of the selected base amount, which can range from $300 a month up to the full retired pay of the servicemember.

Based on numerous equity factors, most likely, the only potential remedy is an application to the appropriate Board for Correction of Military Records.

Yes. We have two attorneys in our office who are well-versed in military divorce— Brentley Tanner and Kaitlin S. Kober. They have experience with family law cases including military divorce cases in over 26 counties in North Carolina as well as experience in military divorce consulting on federal laws nationwide and internationally.

Our attorneys have considerable experience in preparing military pension division orders that will be honored by DFAS. In addition, with the different rules for military pension division and SBP, each client’s case needs a specific and specialized attention to detail to ensure compliance with requirements under federal law.

Generally, this happens only if the marriage was during the entire military career. Otherwise, the spouse or former spouse typically gets half of the marital/community share (that is, the share acquired during the marriage).

The Servicemembers Civil Relief Act allows the delay of a civil case or administrative hearing for 90 days or longer if certain conditions in the federal statute are met.

Generally, visitation may be available to family members while a servicemember is deployed. However, the specifics depend on the facts of each case.

For full medical benefits, you must be married at least 20 years, the other party must have served at least 20 years in the military, and there must be an overlap of at least 20 years between the two. Such coverage is usually called “20-20-20” coverage. There may also be temporary coverages available for former spouses who do not meet the 20-20-20 criteria.

No. There is no automatic entitlement to military retired pay under federal law.

No. However, VA disability compensation is includable as income for child support and alimony/maintenance purposes.

When a retiree has a VA disability rating of 50% or greater, there is typically no reduction in disposable retired pay, but there are exceptions. When a retiree has a VA disability rating of less than 50%, there is a dollar-for-dollar reduction in military retired pay.

Yes. If a timely election for former-spouse coverage is not made, the SBP is lost absent an application to the appropriate Board for Correction of Military Records. Additionally, if a former spouse remarries before age 55, former spouse SBP coverage is suspended. Coverage may be restored if that marriage is annulled or ends in divorce or death. SBP may also be lost if the divorce decree does not specifically require an election for former spouse SBP coverage.

It depends. The court will have jurisdiction to divide the military pension if at least one of the following factors are met: (1) if the servicemember/retiree is domiciled in the state where the court is located, (2) if the servicemember/retiree consents to the court’s jurisdiction, and/or (3) if the servicemember/retiree lives in the state where the court is located for reasons other than military assignment.

A QDRO divides private pension plans. The proper order to divide a military pension is called a Military Pension Division Order (MPDO).

You can call the office at 919-833-3115 and set up a consultation with our experienced military divorce attorneys. You may also visit our website at www.parkerbryanfamilylaw.com and visit each attorney’s biographical page for instructions on how to coordinate an initial consultation.