When veterans divorce, one of the complicated aspects they face is the division of their military benefits. This is because the courts do not automatically split military pensions 50/50. The actual division depends on several factors.
How is military retirement calculated in a divorce?
The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows courts to treat military retirement as property, not income. The court calculates the retirement pay an ex-spouse can receive based on the number of years the marriage overlapped with military service.
If a marriage lasted at least 10 years during active duty, the Defense Finance and Accounting Service (DFAS) may pay the ex-spouse’s share directly. It’s worth noting, though, that disability compensation from the VA is not divisible in divorce proceedings. However, how disability pay impacts retirement pay can affect the division process.
Key factors affecting division
The court considers several factors when dividing military retirement. For one, Tennessee adheres to equitable distribution, which means that the court divides assets in a way that is fair and just, considering the circumstances of both parties. Fairness may dictate a different distribution depending on the situation.
Courts also consider contributions to the marriage made by both parties, including non-financial contributions. Another thing they look at is the future financial prospects and needs of both parties involved.
Understanding possible outcomes
While the idea that ex-spouses automatically receive half of military retirement is widespread, the reality is more complicated. Veterans considering divorce should understand that multiple factors will influence the division of military benefits.
