Divorce is not uncommon in military families, and when divorce happens, both spouses may wonder what will happen to their military pensions when asset division occurs.
At Cullen & Murphy in Riverside, California, we help our clients get answers to their military pension questions, as well as their shares of those pensions as part of their divorce benefits. Our clients include active duty and retired service personnel at United State Armed Forces bases across Southern California (including March Air Reserve Base, Marine Corps Air Ground Combat Center Twentynine Palms and Marine Corps Base Camp Pendleton), as well as the non-serving spouses of such personnel. We assist all clients with their military pension concerns.
We have a second law office conveniently located in Temecula, California.
Here is some information about military pension rules you may find useful:
Military spouses have rights to military pensions:
The Superior Court of the State of California, County of Riverside has authority under the Uniformed Services Former Spouses’ Protection Act (USFSPA) to divide military retired pay between former spouses.
Military members (and former spouses) must meet the “10/10 requirement” for pension eligibility: In order for a former spouse of a military member to obtain military benefits, he or she must provide documentation to the Department of Finance and Accounting Services (DFAS). This documentation must prove the parties were married for 10 years or longer while the military member performed 10 years or more of military service considered creditable for retirement purposes. This is known as the 10/10 requirement for military benefits.
You may already know whether you qualify for a share of your spouse’s military pension through the 10/10 requirement; however, if you are unsure, please contact our office to schedule a consultation with one of our experienced attorneys to discuss your options. Even if you know you qualify, our attorneys can help you to complete all proper documentation as a part of your divorce.