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The Uniformed Services Former Spouses' Protection Act (USFSPA) does not give any specific numbers and calculations that can be applied to every military divorce. This law has caused confusion in courts over the years, because of its many different interpretations. While the USFSPA is a federal law, the state court where the divorce proceedings are taking place is responsible for interpreting the law and dividing the military serviceperson's pension and/or retirement pay as it sees fit.
Ideally, the court would take into consideration the length of the marriage and the circumstances of the divorce, in addition to other factors to determine the division of military benefits.
The court may decide to divide the benefits 50/50 between the spouses, or to grant the majority of the benefits to either the military member or the former spouse. Speaking to a Virginia divorce attorney who understands the nuances of military divorces can help you understand the processes and challenges of dividing military benefits after a military divorce. Some Guidelines for USFSPA Payments
The USFSPA does contain rules relating to direct payment to former spouses. While a state court may require a military service person to pay a former spouse a certain amount out of his or her military pension, the Department of Defense does not make direct payment to a service member's former spouse except under certain circumstances.
For example, the marriage has to have lasted for at least 10 years, with 10 years overlapping the service member's military service. The direct payments can be for no more than 50% of the military service member's pension. A state court can order a larger amount to be paid but that would have to be the responsibility of the military service member.
There are other, more detailed guidelines contained in the USFSPA, and military spouses who are contemplating a military divorce should speak to a Virginia divorce attorney familiar with these laws.
Like any family, military families with children need to make provisions for the care and support of the children during and following a military divorce. The amount of child support is decided by a state court and depends on several factors. Child support may not exceed a military service member's pay and/or benefits.
The Virginia divorce attorneys at Hofheimer/Ferrebee are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life.
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