Divorce when one or both spouses are current or former members of the military can be quite a bit different than a civilian divorce. One of the main differences is the existence of a servicemember’s military retired pay. Issues such as the logistics of dividing the retired pay, the impact of disability pay, and survivor’s benefits must all be considered. The following are five issues that can arise in a military divorce.
Military Retired Pay in General and Divorce
Virginia courts have the ability to divide a military member’s “disposable retired pay” between the member and his or her spouse. Courts in some other states do not have this ability, and courts in foreign countries do not have this ability, so where the divorce takes place can have a major impact on the division of military retired pay, which can often be a large asset.