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.

Entitlements for Former Military Spouses Explained

Joint assets a couple owns together will be split upon divorce
Retirement benefits awarded to the military member can also be split with their ex-spouse

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 Process of Dividing Military Pensions in Divorce

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.

Call Shuler Law Firm, LLC at (417) 288-4433 or contact us online today to get counsel.

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Advocating for Clients' Rights for Over 20 Years

At Shuler Law Firm, LLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

"I'm very pleased and I definitely recommend. I got the exact outcome I wanted too."
My experience with Shuler Law office was very good. I had about a year long case for what started as a custody case that ended in a parenting plan. David and Tamee were great. I was in touch with Tamee quite a bit throughout the whole process and she was great at getting back with me quickly and answering any questions I had.

- Amanda S.
"I highly recommend the Shuler Law Firm."
From the very first call, through the whole process, the legal staff at Shuler Law Firm were professional and knowledgeable. I always felt like I had an advocate in my corner. On top of that, they were very efficient and explained legal procedures in a way that I could understand.

- Lee P.
"I am glad I chose Shuler Law Firm to handle my divorce case."
Attorney fees were reasonable and they show details on where your money is going on your case through their website. David and Tamee were great getting back to me via email or phone on any questions I had concerning my case. I highly recommend David Shuler for an attorney and he has a great paralegal Tamee to keep on top of the paperwork.

- Julie M.
"Always there when I need him!"
Ive hired David a couple of times. Once with my divorce and he did real good and got what I wanted. The second time i was in a motorcycle accident, not my fault, and he went after the insurance company. Got my bills paid for, missed work pay and then some. I would hire him any day!

- Glen D.
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Tamee was most accommodating, and helpful throughout a very difficult crisis in my life. She truly went above, and beyond what I could have hoped for and has helped my mother and myself throughout this very difficult time. Thank you so much for taking the extra effort to help us get matters resolved!!! I would highly recommend the Shuler team to anyone in need of a truly professional, and caring law firm.

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They went above and beyond to assist with our extremely complicated case. Miss Tammie always kept me up to date, the cost was affordable and we were totally satisfied with the outcome. Highly recommend!

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"Thank you again Tamee and David for everything!"
Shuler Law Firm took care of all my needs for my case and I appreciate how attentive Tamee was. She made sure I was aware of every step and everything turned out great. They were prompt and forthcoming.

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"It was a pleasant dealing with the Mr. Shuler."
I felt my best interest as well as my daughter's best interest was a high priority with him and I wouldn’t hesitate to deal with him again if I ever need legal help again.

- Anonymous

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