Bowie Divorce Attorneys for Dividing a Military Pension

Thorough Divorce Lawyers Addressing the Challenges of Dividing Military Pensions in Bowie, Maryland

Property division, including pensions, in any divorce can be extremely complex, regardless of each spouse's occupation. When either or both spouses are active or former military service members, the situation quickly becomes even more complicated. Military branches, along with states and the federal government, have laws and regulations regarding military pensions and their division. It is best to work with a lawyer who has experience handling military matters during a divorce.

Between us, the attorneys at the Law Office of Kari H. Fawcett have assisted Maryland families for over 50 years. The regulations involved in splitting military pensions are complex, but we will make sure you comply with your requirements while advocating for your rights. We do not speak legalese when explaining the aspects of your case. Instead, we use plain English to be sure you fully understand what issues you will need to address. Discover the advantages of partnering with us by arranging your free case evaluation today.

Military Retired Pay and Benefits

After retirement, some military members can continue collecting a portion of their pay. Qualification typically requires either 20+ years of service. Factors like the military member's years of service, rank, and pay determine the amount of retirement pay he or she will receive. Retired military personnel and their spouses may also retain various privileges under the Morale, Welfare, and Recreation program.

Military Pension Division in Maryland Divorces

The families of active-duty military servicemembers typically feel they have also served their country. Families may be required to move frequently to new posts, await the return of a loved one after deployment, and abide by military structures and rules.

Retirement pay is not considered income; it is an asset that may be divided between spouses in a divorce. The Uniformed Services Former Spouse Protection Act allows but does not require courts to divide military pensions during divorce proceedings. Certain authorized deductions that could change over time may apply to retired pay amounts.

The maximum amount a former spouse can collect under the USFSPA is 50 percent of the disposable income amount. These awards must use percentages rather than fixed amounts, and a servicemember's ex-spouse may also be eligible for a proportionate percentage of any cost-of-living adjustments.

If you file for divorce in Maryland, the courts must have jurisdiction over the servicemember to be allowed to distribute military pensions. Some spouses may file for divorce in one state, only to later realize that the state's courts have no authority over pension division. Trust the Law Office of Kari H. Fawcett to protect your interests and make sure issues related to pensions will be handled correctly during your military divorce.

You do not have to be married for a specific length of time to qualify for a portion of the member's retirement pay. However, you can only receive your portion directly through the Defense Finance and Accounting Service if you meet the 10/10 rule: the marriage lasted for at least ten years of the member's active service, and the member must have served for at least ten years.

A military constituted pension order is a document that many divorcing couples use to clarify the division of military retirement funds. A qualified domestic relations order (QDRO) can be used to divide 401(k)s, Roth IRAs, and other retirement assets. You must take several necessary steps to ensure that these orders will be followed correctly. At the Law Office of Kari H. Fawcett, our attorneys will work with you to ensure that each step is taken correctly.

Retaining MWR Benefits After Divorce

If you qualify by meeting the 20/20/20 rule, you may retain the various privileges granted by the MWR program. Simply put, the 20/20/20 rule requires 20 years of military service, 20 years of marriage, and 20 years of marriage during the military service. If you meet these and other eligibility requirements, the Law Office of Kari H. Fawcett will work to ensure that you can keep these privileges.

Contact Our Bowie, MD Military Pension Division Lawyers

At the Law Office of Kari H. Fawcett, our meticulous preparation and aggressive legal representation ensure that every potential issue that you may encounter during a military divorce will be addressed correctly. Discuss your case with one of our skilled attorneys in a free consultation by calling 301-262-5500 or contacting us online to set a convenient time.