

How Retirement And Pension Benefits Are Divided After A Military Divorce
Uniformed Services Former Spouse Protection Act
The Uniformed Services Former Spouse Protection Act was passed in 1982 by Congress and allows courts to treat retired pay in the same way as other properties. It means that retired pays can be divided as marital property or can be kept as a separate property, depending on the law. It is hard to say how California courts treat retired pays because mostly it depends on the amount and the divorce case. It differs from case to case.
Minimum 10 years of marriage
It was popularly believed that retired pay can only be divided after the marriage lasted for at least 10 years. In different cases involving military personnel, California courts have awarded a portion of the retirement benefit to the other spouse even though the marriage lasted for less than a year. However, this holds true for benefits and not direct payments. For direct payments, a marriage must have lasted for at least 10 years before the spouse becomes eligible.
Military benefits for former spouse
Former spouses of military personnel are entitled to military benefits as long as he/she meets the criteria. The benefits are statutory entitlements and therefore cannot be subjected to any change or negotiation. The benefits include commissary, medical and military exchanges and in cases where the marriage lasted for at least 20 years, the spouse is entitled to retain all military benefits. The spouse will also receive every benefit if the military personnel served for at least 20 years and if the marriage and military service overlapped for 20 years.
The benefits change according to the duration of marriage and military service.
Conclusion
Divorces for military personnel are no different than divorces for other citizens and division of pension and retirement plans are also based on the same laws. However, the duration of marriage and credible military service matter a lot and influences the amount of benefits a spouse will receive after the dissolution of marriage.
Getting divorced in California can be complicated. Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.


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