Federal law permits, but does not require, a state court to award a dependent spouse up to one half of a service member’s current or future retired pay. Whether not a portion of a current or future military retirement will be awarded to dependent spouse and what percentage, if any, is one of the central questions of any military divorce. The answer to this question will depend upon a multitude of factors including: the length of the military member service at the time of divorce, the length of the marriage, and whether there is other property better suited for division.
At Van Ackeren, P.S., we understand how important retirement and other benefits are to families. Divorce proceedings do not take place in a military court. Your divorce will be treated in a civilian court in the jurisdiction of your place of residence when you file for divorce. There are issues that arise in a military divorce property settlement that involve benefits an inexperienced attorney will not have the depth of knowledge to understand and handle. Civilian attorneys without the knowledge of the military do not have the insight and depth of knowledge of a military divorce attorney. Van Ackeren, P.S. is the only firm that focuses primarily in military family law in Washington.
