Military Pension Property Division Trusted & Dedicated Legal Advocacy

Military Pension Property Division

Why Choose Our Springfield Military Divorce Attorney?

At Shuler Law Firm, LLC, we stand by our military clients, providing effective and knowledgeable advocacy in the area of military divorce. Whether you are a member of the United States Armed Forces or the spouse of a service member, we stand by you and offer effective legal services for the family law issue you face.

If you have questions about property division issues related to a military divorce and division of pensions, contact us online or call us at (417) 288-4433.

Understanding Military Pensions: What You Need to Know

Military pensions are retirement benefits for members of the United States Armed Forces.

  • In order to receive this benefit, service members must:
  • Serve in the military for a minimum of 20 years; or
  • Acquire adequate "points" in the National Guard or in the Reserves

Key Federal Laws Impacting Property Division in Military Divorces

Property division can be complicated in a military divorce due to laws that do not affect civilian couples. This includes the federal Uniformed Services Former Spouse Protection Act (USFSPA). Under this act, military pensions may be considered "community property"-meaning property that belongs to both spouses. In other words, in a divorce, a service member's former spouse may be able to obtain some portion of his / her healthcare benefits, retirement pay, and other benefits under the provisions of the USFSPA.

Clarifying the Role of the USFSPA in Military Divorce

The USFSPA does not necessarily require these benefits to be divided in a divorce. In addition, this law does not establish a formula for dividing retirement benefits, and it does not set a limit on how much a former spouse is eligible to receive.

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