 Military Divorce & Separation

A service member’s military retired pay can be a valuable asset in a divorce, legal separation or dissolution of marriage. In 1982 Congress passed the Uniformed Services Former Spouse Protection Act, which allows state courts to treat disposable retired pay either as property solely of the member, or as property of the member and his spouse in accordance with the laws of the state court. Contrary to popular belief, there is no “magic formula” contained in the act to determine the appropriate division of retired pay. A state court can divide retired pay in any way it chooses (subject to the laws of that state). All 50 states treat military pension as marital or community property

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