When a marriage includes military service, dividing assets during divorce often involves more detailed steps than people expect, especially when it comes to military pensions. These pensions often represent a significant part of a service member’s financial future, and they’re subject to division during divorce just like other marital property. However, the process isn’t always as straightforward as dividing a civilian retirement account.
In Florida, military pensions are considered marital property to the extent they were earned during the marriage. This means that even if only one spouse served in the military, the other may have a claim to a portion of the retirement benefits earned during the marriage. How the division is handled depends on several factors, including the length of the marriage, the number of years overlapping with military service, and whether there is a court order. To move forward confidently, it helps to work with a Tampa, FL military divorce lawyer who understands the process and what’s at stake.
How The 10/10 Rule Affects Pension Division
One of the most commonly referenced guidelines in military divorce is the 10/10 rule. This refers to a marriage that lasted at least 10 years during which the service member completed at least 10 years of creditable military service. If this rule is met, the Defense Finance and Accounting Service (DFAS) can make direct payments to the former spouse from the military retirement pay.
It’s important to know that the 10/10 rule does not affect whether a pension can be divided—it only determines how the payments are made. Even if a marriage lasted less than 10 years, a court can still divide the pension through the divorce process. In those cases, the service member typically pays the former spouse directly rather than through DFAS.
Calculating A Fair Share
Florida courts focus on dividing marital property in a way that is fair to both parties, which doesn’t always mean splitting everything evenly. When dividing military pensions, that can involve either a fixed amount or a percentage of the retirement pay. The court may also consider other financial factors, such as the value of other marital assets or the presence of a survivor benefit plan, when deciding how to balance the division.
It’s possible to offset a claim to military retirement by offering another asset of equal value, such as a larger share of home equity or investment accounts. In some cases, both parties prefer to negotiate an arrangement that minimizes financial entanglement after the divorce.
Special Considerations For Disability Pay And Survivor Benefits
One issue that often causes confusion is how disability pay impacts military retirement. Generally, disability compensation from the Department of Veterans Affairs (VA) is not divisible as marital property. However, if a service member waives a portion of their retirement pay to receive disability benefits, it could reduce the amount the former spouse receives unless the divorce settlement accounts for that.
Survivor Benefit Plans (SBPs) are another consideration. These plans allow the former spouse to continue receiving a portion of retirement pay after the service member’s death. SBP elections must be addressed clearly in the divorce settlement and submitted to DFAS within one year of the divorce decree to be valid.
Protecting Your Rights During The Division Process
We’ve worked with many military families facing divorce and understand that each case involves its own financial details and priorities. At our firm, we assist with all aspects of military divorce, including pensions, health benefits, custody matters, and relocations. We also guide clients through both contested and uncontested divorce filings, using mediation where appropriate to reduce conflict.
Supporting Informed Decisions About Military Pensions
Divorce involving military service requires decisions that may affect each spouse’s financial stability in the years ahead. By approaching pension division with a clear plan, we can help create settlements that are fair and enforceable. Attorneys like those at The McKinney Law Group can attest to how important it is to have experienced representation when addressing military retirement pay in divorce. To speak with a lawyer about your situation, reach out to our team today.