Family Law

questions & answers

Question: I’m getting a divorce with my only means of income 100% Va Disability, and Military Retirement. This is my 2nd marriage, all military service was completed prior to this marriage. My first former spouse already receives a portion of my military retirement. Can my military retirement or a portion of it be awarded to my 2nd former spouse?

Answer: The Uniform Services Former Spouses Protection Act is the overarching law for dividing military pensions. A spouse's portion is set based on years of marriage while you were in the military and your rank at the time of divorce.  Because you were already retired at the time you married your second wife, she should not be entitled to any part of your military pension.

QUESTIONS

  • I’m getting a divorce with my only means of income 100% Va Disability, and Military Retirement. This is my 2nd marriage, all military service was completed prior to this marriage. My first former spouse already receives a portion of my military retirement. Can my military retirement or a portion of it be awarded to my 2nd former spouse?

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