San Antonio Military Retirement Division Attorneys
In the case of divorce between one or two spouses in the military, the service member’s pension can be divided among the individuals involved. The Uniformed Services Former Spouses Protection Act governs the allocation of the service member’s military pension among the individuals involved and allows for up to 50% of the benefits to go to the service member’s spouse. Whether you are a service member or the spouse of a service member, military pension needs to be discussed during the divorce proceedings, even if retirement is a long way off. The division of a military pension is divided based on a formula that may be expressed in dollars or as a percentage of the member’s retirement pay. Courts are not required to divide military pay nor does a constituted formula for dividing military retired pay exist.
If you or your spouse have served in the military and are eligible for a pension, then you should contact a qualified lawyer to discuss the details of your divorce immediately. At Higdon, Hardy & Zuflacht, our San Antonio military retirement division attorneys will help you get what you deserve.
Division of Military Retirement Pensions
There are multiple ways to divide retired military pay, including a set dollar amount, a percentage amount, a delayed order option, or a fraction formula. Using a fraction formula is the most common way to divide military pensions during a divorce proceeding. This formula divides the number of years of service during the course of the marriage into the total number of years of service by the military member at the projected time of retirement. Retired pay may be paid directly to a former spouse from the military pay centers if there is a court order along with the payment being intended for one of the following:
- Child support
- The spouse was married to the member for at least 10 years and during that time the member served for at least 10 years
The division of military retirement pensions is complicated and changes divorce proceedings. If you or your spouse served in the military, then you need the proper representation. Our skilled lawyers at Higdon, Hardy & Zuflacht will help you navigate the complex process of a military divorce.
Connect with a Military Retirement Division Attorney
Divorce proceedings are time-consuming and stressful, particularly in the case of military service members and their spouses. If you are going through a military divorce and have questions about the division of your retirement pension, then please call our qualified military retirement division attorneys at Higdon, Hardy & Zuflacht. We will work hard to help you get the outcome you deserve, with the smallest amount of strain on your life. Please call our San Antonio offices at (210) 306-4471 to begin discussing the details of your case today.