Military divorce

Are there any federal laws pertaining to military property?

Military divorces are governed by a combination of federal and state law. Military pension and certain emergency child support orders are dictated by federal law. State laws dictate the handling of all other matters pertaining to a military divorce.

Either spouse may file for divorce in any of the three locations listed above, the allowable grounds for divorce and property distribution are governed by the laws of the state where the divorce action is filed.

Dividing the Property

Some states are equitable property states while others are community property states. In equitable property states, each spouse receives a distribution of "marital property," which is property acquired during a marriage other than separate property, that is considered fair and equitable, but not necessarily equal. In community property states, each spouse is entitled to one-half of all marital property. "Separate property," which is property that was owned by a spouse when they entered into the marriage as well as property a spouse receives during a marriage through inheritance or gift, is retained by the owner in both equitable and community property states.

While each state may have different laws regarding how family law cases are to be handled and property divided, the federal government has enacted the Uniformed Services Former Spouses' Protection Act (USFSPA) that governs the calculation and division of military pension benefits. The USFSPA authorizes direct payment of a portion of a military retirees pay to the former spouse and extends some base privileges to certain former spouses.

USFSPA allows state courts to treat disposable retired pay either as property solely of the military member or as property of the member and his spouse in accordance with the laws of the state court. The USFSPA does not contain a formula for calculating the appropriate division of retired pay. Although up to 50% of a military member's retired pay may be awarded, it is the state laws that will determine the exact division of the retired pay.

Source:

Military Divorce - Lawyers.com

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