Arizona division military retirement divorce
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Practice Areas. Call For Consultation Until , the state courts were permitted under the Act to split the pension , based on its value at the retirement of the servicemember. The method used often created an undue burden on servicemembers and veterans. You married a few weeks after entering the service.
Dividing a military pension in a divorce
Now, you and your spouse are divorcing. That award was irrevocable.
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Even if you remarry and stay with spouse number two for the next 30 years, the first spouse still got half of your full military pension. In , the rules for calculation changed.
It cannot be based on the total value of your retirement as an O-5 at 20 years. The new rule is not retroactive. It applies only to those divorce decrees becoming final after the Act was enacted. The Defense Finance and Accounting Service is the agency responsible for paying military retirement benefits, and it has strict rules for making direct payment of retirement benefits to former spouses.
For example: John and Judy were married for 12 years, but John was in the military for only 8 years of the time they were married. Judy will need to find an avenue to collect her share through state court.
Arizona Military Divorce Lawyers
On the other hand, Sandy and Paul were also married for 12 years at the time of their divorce. Sandy was in the military for 11 years of their marriage. The length of time married is based on state law and calculated from the date of the marriage to the date the court enters an order dividing marital property. These benefits are statutory and are not subject to negotiation in the divorce.