By Do you know about the military divorce retirement pension rules change? These changes are fairly recent. So, it’s okay if you don’t know much about it. After all, that is what we are here for.
The military divorce retirement pension rules change took place in 2017. When you research on how to file for divorce, you also read up on how property division happens.
Military members may go through divorce like other civilians. Moreover, since they get pensions due to their services, these pensions are also subject to property divisions during a divorce.
Therefore, lawmakers made these changes into the method of division of pensions of military members. Before, states took these decisions under USFSPA from 1982. Now, Congress created a universal method for all military personnel instead of individual state decisions.
Military Pensions In Divorce? A Marital Asset
Military pensions are “marital assets” according to the law. More often than not, they undergo a 50-50 split after military divorces.
Therefore, for this very purpose, even if a member is still in service (not retired yet) they will undergo asset division. As long as there is an existence of pension, there will be a division of pension.
The military divorce retirement pension rules change states the current rules. According to them, they base this split depending on what the pension’s worth is in case of retirement.
These new rules mean that when you go through a divorce with the rank of “O-3,” the following may happen. Let’s say that you have 10 years’ worth of experience service. Now, how much the former spouse will get after your retirement will depend on your rank during that time.
Thus, if you are to leave the services in the military after 20 years, your probable rank 20 years later is important. This potential rank will decide the division share.
However, It Doesn’t End There.
This splitting of assets is irrevocable according to military divorce retirement pension rules change. So, this means that what the court settles for the retirement time, is the final amount. This split will stay the death of the service member dies and the military pension stops.
Therefore, even if the service member ends up remarrying things will remain the same. Let’s say that he stays with this spouse longer than the other one. Even then, half of the retirement pension will still go to a spouse whom he married long-ago. Yes, this also stays the same if that was a comparatively shorter marriage.
Moreover, these rules may remain the same during a legal separation vs divorce.
What Are The New Introductions Under Military Divorce Retirement Pension Rules Change?
Over all, there was a change in determining a spouse’s share in the military pension. Additionally, there were also changes to other definitions and scopes. For example, a “spouse” could mean the following.
What Is A Spouse? Under The Military Divorce Retirement Pension Rules Change
When a service member in the military goes through a divorce, their pension is split with their ex spouse. Now, who a spouse is depends on how long they stay married. Additionly, how much time they stayed together will have to overlap with military service. A spouse has to be legally married to the service member.
Let us say that the marriage and military service lasted at least 20 years. Here, the ex-spouse might also get other military benefits.
A special legal order under the Qualified Domestic Relations Order will dictate the rest. It decides how much of the pension goes to the ex-spouse. Under it, even if the service member remarries, the ex-spouse will share the pension. Therefore, this stays the same unless the service member passes away.
Military Divorce Retirement Pension Rules Change: Changes
The military divorce retirement pension rules change brought about in 2017 include.
Military Divorce Retirement Pension Rules Change: The Time Rule
This rule was previously relevant in similar cases. However, it is now obsolete as the spouse’s share becomes constant. This change stems from a revised version of the Uniformed Services Former Spouses’ Protection Act (USFSPA). This updated law freezes the service member’s rank and active service duration at the time of divorce.
Impact of Future Rank, Pay Postponement
Any future increase in the service member’s rank won’t affect the spouse’s share directly. Instead, there will be a deduction based on the marital fraction. Moreover, there will be a calculation of the benefits during the years of marriage.
However, this delay in calculating the spouse’s payment will happen according to the member’s retirement decision.
Uniformity in Military Pension Division
This is one of the many military divorce retirement pension rules change. Starting on December 23rd, 2016, a new law made changes to cases waiting in different states. This law makes the way military pensions are divided the same everywhere. Thus, states have to stop using their old rules for splitting these pensions in divorces.
Challenges In The Changes In Law Across States
Each state doing things differently makes it hard to use this law in the same way everywhere. The American Bar Association thinks Congress should think again. Some feel that the new way is more complicated. They want to go back to the old way that they think was fairer.
If My Ex Husband Remarried Can I Get His Social Security?
If anyone was married to at least 10 years and is unmarried, they will get Social Security benefits of their husband. This is applicable in cases of asset division arising out of divorce. Thus, just like military pension, you will have access to his social security benefit even if he has remarried.
To Conclude
In a military divorce, the pension from service gets split equally. Thus, the military divorce retirement pension rules change states that.
How much the ex-spouse gets depends on how long they stayed married. Also, the service member served during that time matters.
A new way to divide pensions might give the ex-spouse less. Some divorces let the ex-get benefits if the marriage and service lasted at least 20 years. If a couple was married for 10 years, this applies, too. Here, while the service member was in the military for 10 years, the ex might claim retirement pay.
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