Division of Military Retirement
Retirement Accounts Are Subject to Property Division
Many people are surprised to learn that retirement accounts are subject to property division during a divorce. Military retirement accounts are no exception. However, military retirement accounts are significantly different from civilian retirement accounts. They are subject to specific federal laws and regulations, including the Uniform Services Former Spouse Protection Act (USFSPA). At Hale Ball, we are well acquainted with all applicable rules in military divorces. Whether you are a service member or a service member’s spouse, you can be confident that a fair resolution will be reached with our decades of experience on your side.
Direct Payments From the Defense Finance and Accounting Service
In certain circumstances, a spouse may be eligible to get direct payments from the Defense Finance and Accounting Service (DFAS). The 10/10 requirement applies, meaning the spouse must have been married to the service member for at least 10 years, during which the service member performed 10 years of service creditable toward retirement. This requirement applies only to direct payments though. Courts can still order division of military retirement assets even if the 10/10 requirement is not met. Our goal is to balance this particular piece of property with all other property that is important for you to reach a satisfactory outcome.
Cost of Living Adjustments
Military retirement pay can actually increase over time. Cost of Living Adjustments (COLAs) are given annually. These increases may have to be taken into consideration when dividing a military retirement account. Our lawyers are familiar with this and all other nuances that do not typically come into play when dividing civilian retirement benefits.
Schedule a Consultation with an Experienced Attorney
If you have a question, we encourage you to schedule a confidential consultation with one of our Northern Virginia lawyers. To make an appointment call us at the above telephone number 1-703-591-4900 or use the contact form below.
Since 1980 the AV-rated law firm of Hale Ball has served the legal needs of individuals and businesses. Our team of attorneys include lawyers named to Super Lawyer and Rising Star lists, as well as attorneys with advanced legal degrees, specialty certifications and lawyers who teach their areas of practice to other lawyers.
Use the contact form on this page to schedule a consultation, or call 703-591-4900.
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Fairfax, VA 22030