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Military Retirement Benefits

Military Retirement Benefits

 

California Military Family Law Attorney

Military personnel receive pensions just like any other working individual in the nation. In previous decades, military benefits were treated differently than other retirement benefits, particularly in divorce. In the 70s and early 80s, military pensions were protected from division in the event of a divorce, but in 1982, Congress passed the Uniformed Services Former Spouse Protection Act (USFSPA) so that military retirement benefits are subject to division in a divorce proceeding.

Understanding the USFSPA

The purpose of the USFSPA is to ensure that military spouses are financially protected in divorce. Before the USFSPA was passed, military spouses were likely to suffer severe financial hardship after a divorce because they were not entitled to a share of their spouse's benefits and retirement. Today, these benefits can be divided as the California court sees fit. This means that you will need to retain an excellent California military family law attorney if you are considering divorce.

How Are Military Retirement Benefits Divided in Divorce?

There is no exact formula for how military retirement benefits are divided in a divorce. California is a community property state, which means that all property (including military pensions due to the USFSPA) is equally owned by both spouses in marriage. The court ultimately decides which spouse receives how much of the funds in the pension. However, there are three different ways in which a spouse can receive a portion of the pension. The first is where both spouses create their own written agreement regarding the division of the retirement fund. The second is by litigating for a court order that divides the pension. The third is by awarding the nonmilitary spouse their portion of the pension from alternate funds or property.

The 10/10 Rule

The USFSPA outlines what has come to be known as the "10/10 rule." If two spouses have been married for 10 years and the military spouse has put in at least 10 years of qualifying military service, the spouse is entitled to receive their share of the pension directly from the Defense Finance and Accounting Service (DFAS). Otherwise, they could receive their share from other assets or property. There are many cases where the court determines how much of the funds the nonmilitary spouse is entitled to receive in divorce, but then awards that amount out of alternative funds or marital property. This can also be decided between the spouses in an uncontested divorce agreement.

Find a Military Divorce Lawyer in California

Cutter & Lax, Attorneys at Law has more than 30 years of experience in all types of family law cases. We understand your rights under the USFSPA and can ensure that you receive your fair share of your spouse's military retirement benefits, whether you are the military spouse or the nonmilitary spouse, or even if you are both military servicemembers. Our attorneys will give their full attention to your case, so do not hesitate to contact us and set up your initial case evaluation!

Hear It From Our Clients

Every Case Creates An Impact
    "Received excellent counsel representation during my military divorce."
    Consummate professionals! Received excellent counsel representation during my military divorce. I highly recommend their services
    - Devin B.
    "He was always responsive and really listened to my concerns and goals and worked towards achieving them."
    Had a wonderful experience with this law firm, Matthew Lax in particular. He is very knowledgeable and fights for you without creating unnecessary work and hardship in the process. He was always responsive and really listened to my concerns and goals and worked towards achieving them. Got a great result for me!
    - Ruth Z.
    "Matthew Lax and his partner are very good attorneys and when going through something as unpleasant as a divorce, it's good to have them on your side!"
    Cutter & Lax is a great law firm. I have a lot of family and friends that are satisfied clients. The Encino office is conveniently located and you are always greeted with a friendly smile. Matthew Lax and his partner are very good attorneys and when going through something as unpleasant as a divorce, it's good to have them on your side!
    - Ely G.
    "I was especially impressed with his control and approach in the courtroom."
    He very knowledgeable about the law and was able to give me his opinion through his experience with the law and the courtroom. He was patient in explaining the positives and negatives of the legal pursuits, along with the risks. I was especially impressed with his control and approach in the courtroom. He was direct, to the point, and would not back down. He won't let go. He is excellent at arguing the law and questioning witnesses.
    - Former Client
    "He is very knowledgeable with military law and what my rights are as a active duty military member."
    The life experience that I am going thru right now is extremely tough! Being an active duty military member and going thru a divorce is something I don't wish on anyone, but having these guys on your side, especially Nelson Cutter makes the process much less painful. He is very knowledgeable with military law and what my rights are as a active duty military member. Thank you!
    - Charles N.
    "Matthew Lax made the experience of going thru a very difficult divorce very smooth."
    Matthew Lax made the experience of going thru a very difficult divorce very smooth and he was so knowledgeable and helpful and always available for any problems. He got me a very generous settlement that I didn't expect. Thank you from the bottom of my heart.
    - Sally L.
    "The lawyers at Cutter & Lax, specifically Matthew Lax, are very intelligent, decisive and thorough when it comes to caring for their clients."
    Throughout my whole experience working with this firm, I always felt welcomed, comforted and supported. The lawyers at Cutter & Lax, specifically Matthew Lax, are very intelligent, decisive and thorough when it comes to caring for their clients. This is the only firm I would ever feel comfortable returning to when a situation presented itself. All around fantastic experience and outcome!
    - Danielle A.