A large number of veterans and active duty military personnel reside in Virginia. When a military couple decides to end a marriage, one of the most contentious divorce issues that will arise has to do with military benefits. Understanding how military regulations handle this situation is imperative before moving forward with the legal case, as it can lead to confusion and a variety of problems after the fact. It can be difficult to fully grasp how the law works in these matters and it is wise to have legal advice.
The Uniformed Services Former Spouse Protection Act gives the court leeway to view disposable retirement pay as belonging to the military person or as part of the property to be divided in the divorce. Many might be under the impression that there is a certain formula that is used to decide how much is given to a former military spouse and how much the veteran will keep, but that is not the case. Every state in the U.S. views a military pension as marital property. Some might be under the impression that the pension can be divided only if the marriage was for a duration of a minimum of 10 years. State courts have the right to order retirement pay to be shared regardless of marriage length.