Divorce & Annulment

questions & answers

Question: I have a question regarding The Uniform Services Former Spouses Protection Act. I retired from the military in 2010 and married my current spouse in 2012. We were not married nor had any relationship while I was on active duty. My question is, if my spouse and I are divorced is she protected under The Uniform Services Former Spouses Protection Act? Basically is she entitled to any portion of my retirement pay in case of a divorce?

Answer: Military retirement is considered community property if it is earned during the marriage.  Divisions of military pensions at divorce are based on how long you were married during your years of service and rank at the time of the divorce.  If all of your military pension was earned before a marriage took place, that pension should be that persons sole and separate property and not subject to division in divorce.The Uniform Services Former Spouses Protection Act is the overarching federal statute that governs how pensions are divided.  You will find an article with more detailed information on http://www.lawforveterans.org.

QUESTIONS

  • I have a question regarding The Uniform Services Former Spouses Protection Act. I retired from the military in 2010 and married my current spouse in 2012. We were not married nor had any relationship while I was on active duty. My question is, if my spouse and I are divorced is she protected under The Uniform Services Former Spouses Protection Act? Basically is she entitled to any portion of my retirement pay in case of a divorce?

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • Age discrimination in the workplace. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS