Divorce and the Division of Military Retirement Funds

Military divorces are slightly different than civilian divorces in matters of filing/serving, residency requirements, and property division. These differences are due, in part, to the fact that both federal law and state law govern aspects of a military divorce.

Under the federal 1982 Uniformed Services Former Spouse Protection Act, a state court is allowed to treat the retirement benefits of military personnel as either the sole property of the individual or the joint property of the individual and his/her spouse. Additionally, the Act does not specify a formula for how a state court must divide the retirement benefits in the case of divorce, though it does state that up to 50% of an individual's military retirement benefits may be awarded.

Since there is no requirement by federal law that dictates how military retirement benefits are to be divided in the case of divorce, state courts must make their own determinations based on state law.

Some states are considered community property states while others are equitable property states. In Minnesota, the court strives for a "just and equitable division of the marital property," and typically divides marital property equally between the parties.

While military retirement benefits may be subject to division between spouses, it is important to note, however, that Veteran's Administration disability benefits are the sole property of the individual service member and are not considered part of the community estate in the case of a divorce.

For additional information regarding the division of military benefits during divorce, please contact the Minneapolis family law attorneys at Banas Family Law now.