Rules Concerning Pensions in a Military Divorce

A typical civilian divorce can be complicated enough. A military divorce in Virginia is even more so. When it comes to getting a divorce while enlisted, there are unique circumstances that you need to consider, like military pensions.

There is a specific rule known as the “10 year rule” that applies to military pensions being divided as marital property in a military divorce. In order for this division to happen, there must be at least 10 years of marriage coinciding with at least 10 years of military service as a reserve member or on active duty.

There are factors in a military divorce in Virginia that do not have any time requirements. These include:

  • Child support
  • Alimony
  • Spousal support
  • Survivor Benefit Plan
  • Child custody

If there is not a 10 year period overlap of marriage and military service, then the military pension cannot be awarded as marital property.

If the military pension falls into the 10 year period there are a number of considerations that come into play. How the pension is paid out and divided will depend on a number of factors. This is where an experienced Virginia divorce attorney can help you. The process of figuring out pensions in a military divorce can be confusing, so it requires the help of legal counsel.

More information regarding military divorce in Virginia is available in our article library.

There are very specific rules governing divorce in Virginia. Learn about your legal options by contacting the Virginia divorce attorneys at Hofheimer Family Law Firm. We handle divorce cases for women only, and are committed to providing the experience and compassion that you deserve and the successful results you need. Contact us today to schedule a legal consultation – (757) 425-5200.

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