Serving in the military makes people eligible for various benefits. They have access to TRICARE health insurance and they may receive housing benefits, for example. Those who make military service a career could also accrue a pension.
Pension benefits help ensure a comfortable standard of living during retirement. Both the service member and their spouse may expect to rely on a military pension to cover retirement expenses. Is a military pension potentially divisible when a service member divorces?
State law governs property division
Many people misunderstand what happens during service members’ divorce proceedings. Frequently, divorcing spouses expect military rules to govern property division matters when they divorce.
However, that is not actually what happens. Instead, state laws determine how spouses split their assets and debts. Military rules only apply to unique military matters. The courts or the spouses rely on state property division rules when deciding how to address the pension. Amounts accrued during the marriage are potentially subject to division during a divorce.
The military 10/10 rule determines whether the recipient spouse receives direct distributions from the military or must make alternate arrangements when dividing the pension. Under military rules, non-military spouses can receive direct distributions of pension benefits if the marriage lasted 10 years or longer and the military spouse had 10 years of qualifying service during the marriage.
Addressing military pension benefits can be one of the more challenging aspects of a military divorce. Service members and their spouses often need insight into the law and guidance as they negotiate matters during a military divorce. Pensions may be divisible, but spouses can set their own terms if they achieve an amicable settlement. Both the service member and their spouse should get their own individual legal guidance.