Subscribe to our mailing list and receive tips, articles, and information to help you get your life back on track after the divorce. If you're a Virginia woman facing a military divorce, you have some special considerations. Divorce settlements will be carried out according to both state and federal laws, so it helps to know and understand the laws surrounding military divorce.
The division of military retired pay is one of the issues on the table during a Virginia military divorce. Addressing retirement pay doesn't have to be a complicated process, as long as you know the guidelines that exist.
When dealing with a military divorce in Virginia or any state, you need to be aware of the The Uniformed Services Former Spouses' Protection Act (USFSPA).
Military Retired Pay and The USFSPA
The USFSPA is an act that allows former spouses of military service members to collect a portion of the military spouse's retirement pay. The act also provides a way of issuing these payments through the Department of Defense.
The USFSPA allows the state of Virginia to apply its own laws regarding military retired pay to a divorce. The USFSPA does not, by itself, entitle a former spouse to a portion of his or her ex's military retirement payments; a state court needs to make a ruling granting the payments first.
In a Virginia divorce, military retired pay is typically viewed as marital property, provided it was money that was earned during the course of a marriage. According to the USFSPA, a former spouse of a military member can receive a maximum of 50% of the serviceperson's retired pay. This 50% refers to the service member's disposable retirement pay, not his or her gross pay. Income taxes and other expenses are deducted beforehand.
These guidelines apply only if the couple had been together for at least 10 years, during which time the military member served at least 10 years of creditable military service. This is sometimes referred to as the 10/10 rule.
Calculating the amount of military retired pay is fairly simple if the service member is already retired at the time of his Virginia divorce; if he is still on active duty, it becomes a bit more difficult, as he is still earning this money at the time of the divorce.
The law provides guidelines for calculating how military retired pay will be divided in both these scenarios so that the military member's spouse can receive a fair and equitable judgment.
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What Every Virginia Woman Should Know About Divorce is full of thoughtful steps and practical tips that will help you during your separation, divorce, or child custody case including:
-- 20 guidelines for "separation under the same roof"
-- 13 critical factors used to determine spousal support
-- 3 types of property classification recognized by Virginia courts
-- 10 factors your judge must consider in a contested custody case
-- a formula to determine your percentage share of his retirement benefits
-- 38 Financial Records you should be aware of
-- 20 steps to prepare for divorce
-- 7 stages of divorce
-- 40 age-appropriate books about divorce for children
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