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What to consider during a military divorce

On Behalf of | Oct 26, 2020 | Divorce

Divorces in New York are always complicated. But if one spouse served in the military, the property division process becomes even more complex. Here’s what people need to know about military divorces.

How are retirement plans divided up in military divorces?

Military officials can receive direct retirement payments from the government after they retire. After a military divorce, the service member’s former spouse might be entitled to a share of these payments. However, the ex must have been wedded to the military official for at least 10 years. Additionally, those 10 years must overlap with at least 10 years of service. If they don’t meet these qualifications, the former spouse will not be entitled to a share of direct payments from the military.

However, the ex might be eligible for a share of their former spouse’s pension. Both parties will have to agree to split the pension during the divorce. The non-military ex might be eligible for up to 50% of their former spouse’s retirement fund.

Can divorced parties keep their base privileges?

Military spouses are entitled to certain privileges on a military base. They might be able to retain these privileges after a divorce, but only if they meet certain requirements. They can keep their privileges if they were married to their former spouse for at least 20 years and their spouse had at least 20 years of military service. Additionally, 20 years of military service must overlap with their 20 years of marriage.

Can an attorney offer guidance during a military divorce?

An attorney could assist military officials and former military spouses during the divorce process. The lawyer might help a client navigate complex issues like child support, property division and visitation rights. They could also assist when it comes time to divide up military retirement funds.


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