Divorce and Retirement Issues in the Military

Location

• Civilian divorce is dictated by state law, but military divorce is dictated by state and federal law. How your state interprets the USFSPA may vary widely. Where one state decrees that a particular divorce ground awards 1 percent of pay, another state may differ by a large margin. Some states also have harsh laws against spousal abuse that could affect your outcome.
  
  Location may complicate things if the military member is stationed in one state and the spouse is in another. Some courts will allow the state in which the military member is stationed to have jurisdiction, but a spouse may fight this if it is unfavorable to him or her. Your attorney can advise which state interprets federal law most favorably for you.
  
  

Alimony

• The USFSPA grants that a former spouse may be awarded up to 50 percent of a military member's retirement pay to be paid through a secretary of the relevant military branch. This is the federal law only and it does not cap the amount at 50 percent. The state may include additional monies owed from other interests or from military retirement pay.
  
  

Child Support

• Child support for divorcing or divorced military retirees can require a whopping chunk of money. The USFSPA allows for up to 65 percent of military retirement pay to be allocated to a former spouse who has custody of a child or children. Again, this is not a cap and it is not the only law that provides for child support.
  
  Family court judges used to automatically favor the civilian spouse in custody disputes. The increase in servicewomen has changed this. Regardless of gender, a military member who is retired or is about to retire has no perceived strike against him or her in child custody battles simply because of his or her service.
  
  

Garnishment

• Since the USFSPA provides specific percentages for alimony and child support, amounts that fall within those guidelines are paid before the military member receives his or her retirement pay. Anything outside of those amounts, even if awarded on the basis of federal law, must be paid directly by the military member to the former spouse. This may require an accountant or it may require regular contact with a former spouse.