Divorce is never easy, but it can be especially challenging for military families. In addition to the emotional and financial stress of a divorce, military families must also navigate a complex set of federal laws and regulations that can have a significant impact on the outcome of their case. If you are a service member or a military spouse in the Arlington area, it is important to work with an experienced military divorce lawyer who understands the unique challenges you are facing.
The Uniformed Services Former Spouses’ Protection Act (USFSPA)
The USFSPA is a federal law that allows state courts to divide military retired pay in a divorce. The law also provides for the direct payment of a portion of the retired pay to the former spouse. However, there are a number of requirements that must be met in order for a former spouse to be eligible for direct payment. An experienced military divorce lawyer can help you to understand the USFSPA and to ensure that your rights are protected.
The 10/10 Rule
In order for a former spouse to be eligible for direct payment of a portion of the military retired pay, the marriage must have lasted for at least 10 years, and the service member must have performed at least 10 years of creditable military service during the marriage. If you do not meet the 10/10 rule, you may still be entitled to a portion of the military retired pay, but you will need to obtain a court order and have it sent to the Defense Finance and Accounting Service (DFAS) for payment.
The Survivor Benefit Plan (SBP)
The SBP is an annuity that provides a monthly income to the surviving spouse of a deceased service member. In a divorce, the court can order a former spouse to be designated as the beneficiary of the SBP. This is an important protection for the former spouse, as it will ensure that they continue to receive a portion of the military pension even if the service member dies.
Contact an Arlington Military Divorce Lawyer Today
At Raheen Family Law, we have extensive experience representing service members and military spouses in all aspects of military divorce. We understand the unique challenges that you are facing, and we are committed to helping you to achieve the best possible outcome for your family. Contact us today to schedule a confidential consultation with an experienced Arlington military divorce lawyer.