Last updated on April 8, 2021
As noted in a recent media report, the biggest battle some military servicemembers ever face has nothing to do with foreign enemies of the United States. Rather, it is focused upon the disposition of a hard-earned military pension during the divorce process.
Of course, divorcing spouses of servicemembers — whether they themselves served in the military or not — often have equally weighty concerns regarding the ultimate division of assets in a military divorce.
For rather obvious reasons, it is logical why a servicemember’s military pension often reigns supreme as a division-of-property concern. Many military families experience multiple deployments and frequent change-of-station moves during a member’s career. That can militate against the procurement of a family home or other real estate. As a result, the most valuable asset in a military marriage is in many instances the guarantee of a fixed income stream for life that follows expiration of service.
Who can lay claim to the benefit? Is it a servicemember’s alone? Conversely, does a military spouse have a legal claim to an equitable share of a service pension?
According to federal law enacted more than a quarter of a century ago, a military pension is considered marital property subject to distribution in a divorce.
Notwithstanding that general dictum, though, how distribution will play out precisely might differ a bit depending on the state in which a military divorce is filed.
As noted in the above-cited article, that is because “laws tend to favor the veteran slightly over the ex-spouse” in certain states.
A Georgia veteran or spouse seeking accurate information and legal counsel regarding divorce and property distribution can solicit assistance from an experienced Atlanta-area family law attorney.
