Clarifying Rules Around Military Retired Pay Division
The division of military retired pay is one of the most hotly contested issues in many divorces that involve service members. While retired pay is considered marital property, what exactly constitutes an equitable division of that pay will often be determined on a case-by-case basis. If you are facing a divorce from a spouse who is a service member, it is crucial to have an attorney on your side who understands this type of law.
Qualifies As Marital Property
Retired pay is granted to service members who have accrued 20 years of active service, though the method by which it is calculated will depend on the date on which the person entered active service. For many years, retired pay was considered the sole property of the service member, but in 1982, Congress passed the Uniformed Services Former Spouses’ Protection Act (USFSPA) which essentially classed retired pay as marital property (and thus, divisible during divorce proceedings).
The USFSPA does not specifically grant a divorcing spouse a percentage of retired pay – rather, it allows state courts to do that, and in Florida, courts will most often calculate the percentage of retired pay based on the dates of service versus the duration of the marriage. It is possible for only a percentage of retired pay to qualify as ‘marital’ (for example, if a person was in the military for 25 years but married only for 10).
Two Major Issues
There are two questions about dividing retired pay that tend to come up the most in divorce proceedings. The first is what percentage will the divorcing spouse receive; the second is the method by which they may receive it. The first question is answered by state courts. In Florida, the most that a spouse might receive of a servicemember’s retired pay is 65 percent, but this is only if child support or alimony is a factor. More often than not, the pay will be divided 50-50.
The second question, that of how the spouse can receive their half of retired pay, can seem convoluted, but the answer is straightforward. A rule known as the “10/10 Rule,” allegedly states that a spouse must have been married to their military spouse for at least 10 years before they can receive retired pay. In reality, this rule holds that a spouse must be married to their military servicemember spouse for 10 years in order to receive their portion of retired pay directly from the court – if the marriage was shorter, they can still receive it from their ex-spouse directly.
Contact A Hollywood, FL Military Divorce Attorney
A military divorce can be a complex endeavor, and if you are seeking a portion of your soon-to-be ex’s retired pay, enlisting a Hollywood, FL military divorce attorney can help ensure you receive what is legally yours. The Law Offices of Steven A. Mason, P.A. has handled many of these cases, and will work hard on yours. Contact our office today to speak to an attorney.
Source:
dfas.mil/Garnishment/usfspa/legal/