Dividing Pension Assets in a Military Divorce

The spouse of a service member may be entitled to a share of the service member's military pension. As such, a military pension can form a significant portion of a couple's community assets.

Issues involving the division of military pensions and rights to benefits under a Survivor Benefit Plan are complex. Whether you are a service member or service member's spouse, you need guidance and effective representation by an attorney knowledgeable in the unique challenges of military divorces.

Protecting Your Rights and Interests

At the Oceanside and Del Mar law offices of Palmer Rodak & Associates, we have extensive experience in military divorces. Having handled many such divorces, we understand the law, how California courts rule in such matters and how to effectively represent our clients in court. When you choose our law firm, we will work diligently to protect your rights and seek the best possible property settlement for you.

Retirement Assets and Your Future

The division of military pension assets is governed by federal laws under the Uniformed Services Former Spouses' Protection Act (USFSPA) as well as California laws. The USFSPA does not automatically provide for the division of military pensions. That depends on the answers to a number of questions, such as:

Does the marriage qualify under the 10/10 rule? — The marriage must have lasted at least 10 years during which the service member must have performed at least 10 years of service creditable toward military pension eligibility.

Should I accept a fixed percentage of a military pension or a lump sum at the time of the divorce? — The fixed percentage option can be adjusted for inflation while the lump sum cannot.

Other important issues involve the right to benefits under a Survivor Benefit Plan and the amount and type of other community assets.

Our lawyers are fully conversant with all applicable laws regarding military pensions. Whether the divorce involves an active duty service member, a soon-to-be retired member or one who is already retired, we can address your needs.

Contact Our Firm

To schedule a complimentary consultation about a military divorce in the San Diego area, call 858-356-4568, or contact us online.