Your military pension is considered your income, but if you and your current spouse get a divorce, there is a possibility that they will also be entitled to some of the pension themselves. Divorce and military pension can be an extremely complicated matter, which is why talking to an attorney through the entire ordeal is an absolute must. If you are currently drawing a military pension, you are bound to have questions where your money is concerned if you are facing a divorce. Here are a few of the most common questions concerning divorce and military pension.
Is it true that your spouse cannot get a share of your pension if you have been married for less than ten years?
While this is a common myth, it is actually not true. Even if you have been married to your spouse for less than ten years, the judge in your divorce case can make a determination about pension in whatever way they deem fair. If they feel your spouse of less than ten years is deserving of say 25 percent of your pension, it can be designated in that way, without regard to the duration of the marriage.
If your spouse is determined to be entitled to part of your pension, how are payments handled?
If it is determined that your spouse will get some of your pension after the divorce is final, the payments will be distributed by the Defense Finance and Accounting Services as long as you have been married for at least ten years while you were in the military. Instead of one payment being made solely to you for your pension payment, there will be two checks released, divided according to the judge's orders, to both you and your ex-spouse. If you have not been married for ten years, you will be responsible for making the payments to your spouse from your own pension payment. For this reason, it is often more desirable to wait on filing for a divorce if you are pretty close to the ten-year point in your marriage, as handling the payments on your own can be a burden.
What happens if your spouse gets remarried?
Once your spouse gets married again, they will no longer be entitled to a share of your pension benefits. This is due to the fact that this support will be deemed no longer necessary because they are essentially joining financial entities with another person.
For more information, consult with a lawyer who specializes in military divorce.
