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.
Military pensions are retirement benefits for members of the United States Armed Forces.
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.
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.
In the case of child support, Missouri state courts mandate that both child and spousal support must not exceed 60% of the military member’s allowances.
The U.S. military offers members who have served for 20 or more years a monthly payment upon their retirement. A service member’s retirement plan is a government entitlement, known as disposable retired pay. According to the Uniformed Services Former Spouse Protection Act, all Missouri courts have the ability to divide military disposable retired pay in the same manner that they divide the property, and must be divided as a percentage or fixed amount.
If a couple has been married for 10 or more years, which overlapped with 10 years of the military member’s service, the ex-spouse has the option to have their funds transferred to them directly from the retirement fund, rather than from their spouse.
As you can see, the input and oversight of an experienced and well-versed military divorce attorney is critical. Whether you are a member of the military or the spouse of a service member, our team at Shuler Law Firm, LLC can provide the support you need. We encourage you to speak with our Springfield divorce lawyer, starting with a free initial phone consultation.