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Dividing a Military Pension in Bowie & Crofton, Maryland

Dividing a Military Pension

The process of dividing one household into two is already complex and emotionally charged. When service members are involved, however, the process can become very challenging.

As a family law attorney with more than 25 years of legal experience, we can efficiently guide our military clients through the process of divorce. Military divorce and the division of retirement benefits follow a fairly complex process that must comply with federal laws, military rules, and state laws. Schedule a consultation at the Law Office of Kari Holm Fawcett.

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As a form of deferred compensation, a military pension is a retirement benefit provided to servicemen and servicewomen who have either served for 20 years or accumulated enough points to reach eligibility. Unfortunately, it can be challenging to divide these retirement benefits in a divorce. A couple might have questions regarding numerous topics. we can carefully examine the situation and provide answers and legal guidance tailored to your unique circumstances.

  • Military constituted pension order: A military constituted pension order is a document that many divorcing couples use to clarify the division of military retirement funds. A qualified domestic relations order (QDRO) can be used to divide 401(k)s, Roth IRAs and other assets.

  • 10/10 rule: Some spouses choose to receive direct payment from the Defense Finance and Accounting Service (DFAS). To qualify, the 10/10 rule must be met. That is, the service member has served at least 10 years in the military and the parties were married for 10 years during military service.

While not every situation is similar, it pays to have an attorney with significant experience. Through the decades, we have helped clients face a wide variety of situations. This gives us the experience and knowledge to prepare my clients for the legal process and answer their questions along the way.

Whether the goal is to divide a portion of the pension or to award the spouse an equitable division of property, we can help.

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Ensuring that your military retirement benefits are divided fairly is a crucial aspect of many divorces. Contact a military divorce attorney online or call to schedule a consultation to discuss your situation.