When a military couple decides to divorce, one of the hardest parts is figuring out how to divide the military pension. This isn’t like splitting a bank account. Military retirement pay has its own set of rules. It’s guided by both state law and special federal laws. And yes, it can get confusing fast.
Military pensions in divorce aren’t divided the same way as civilian ones. A regular job might use a 401(k) or another retirement plan that’s easy to understand. But with military pensions, there are layers of rules. Each branch of the service has its own process, and federal law steps in too.
Divorce lawyers who know the military system understand how these rules connect. They know where to file, what papers to prepare, and how to make sure both sides understand what they’re entitled to.
In fact, here are the specific ways that a lawyer will help you to split your military pension when you hire them to take on your divorce case:
They Handle the Paperwork
As soon as it is time to divide the pension, your lawyers will first help you file what’s called a pension benefit order. This order is basically a legal document that explains how the military pension will be shared between both spouses.
If the person served in the Coast Guard, Public Health Service, or NOAA, then payments are handled by a different office, the Coast Guard Pay and Personnel Center in Topeka, Kansas.
This may sound small, but knowing where to send the order and what it should say can make or break the process. A simple error or missing line can delay payments for months.
Divorce Lawyers Protect You Financially
Lawyers also make sure the non-military spouse doesn’t lose their share by mistake. If the pension isn’t addressed in the divorce paperwork, it’s possible to miss out completely. And once the divorce is final, it’s hard to go back. A lawyer prevents that by including all pension details up front.
They also look at the full picture, including other assets like 401(k)s, Roth IRAs, or savings, and then they help trade or balance those against the military pension if needed.
They Make Sure You Don’t Lose Your Share
A lot of people don’t realize that if a spouse doesn’t bring up the pension in the divorce, they can lose their right to it forever. You don’t get another shot later.
A military divorce lawyer won’t let that happen. They’ll check that your court order includes your portion, that it’s enforceable under federal rules, and that the division matches your years of marriage and service.
Lawyers help each spouse understand what part of the pension might belong to them. There’s no minimum number of years a couple must be married for the court to award part of the pension. Even a marriage shorter than a year could qualify if the court decides it’s fair.
They Help Protect You After the Divorce Too
After everything’s signed, your lawyer’s job isn’t just done. They make sure you’re protected long-term.
If you’re the former spouse, they’ll check if you qualify for continued benefits under the 20/20/20 or 20/20/15 rules, things like medical care, base access, or commissary privileges.
If you’re the service member, they’ll make sure you’re not overpaying or giving up more than the law requires.
And they’ll explain what happens with the Survivor Benefit Plan (SBP), which is the part that keeps payments coming even after the retiree dies. It’s complicated, but a lawyer makes sure you don’t accidentally lose that safety net.
Key Takeaways
Here’s What a Good Military Divorce Lawyer Does for You:
- Makes sense of confusing military laws and benefits.
- Ensures the pension order meets DFAS rules so payments actually go through.
- A good lawyer will surely protect your share of the retirement pay and benefits.
Related: 6 Ways a Lawyer Can Help You with Your Injury Claim