Military Benefits In A Divorce
Practicing divorce law in the Northern Virginia area, near the Pentagon and Fort Belvoir, the attorneys at the Law Office of Rebecca L. Evans, advise numerous military families as to their rights under the law.
For a former spouse to be entitled to direct payment of the military spouse’s retirement, the marriage to the military spouse must have lasted for at least 10 years in which the military spouse served in the military for at least 10 years. The amount which can be directly paid to the former spouse is limited to 50 percent of “disposable retired pay.”
The former spouse may also be entitled to payment under the Survivor Benefit Plan.
Normally any payments received by the former spouse are taxable to the former spouse as income.