Every relationship is unique, so no two divorces will play out exactly the same. If you are in the military, your spouse may be entitled to a portion of your pension during the divorce process. It is crucial that you understand your rights and obligations to ensure you are protected during your divorce. Set up a consultation with a Memphis, Tennessee military divorce lawyer today to discuss your case and obtain skilled representation.
What is a Military Pension?
A military pension is a retirement plan that service members can contribute to during the course of their career. Depending on the type of plan, the government may match 4% of the individual’s contributions. Once the service member retires they will begin receiving pension checks monthly based on a percentage of the salary they made when working.
Is My Spouse Entitled to My Military Pension in a Divorce?
Yes, your spouse is entitled to a portion of your military pension even if you get divorced. Most assets and properties obtained during a marriage are considered marital assets, as in jointly owned by both you and your spouse. This includes income.
When you use your income to contribute to a pension, the funds received out of the pension are considered marital property and are subject to property division during a divorce. This rule is enforced by the Uniformed Services Former Spouse Protection Act.
How Much is My Spouse Entitled To?
The amount given in a pension varies depending on the type of retirement plan you have. However, every plan is dependent upon the salary that you had on the day of your retirement or your highest basic pay that you held throughout your career.
In the past, spouses of military members would be automatically entitled to up to 50% of the military pension at the rate when they retire. For example, Colonels make more money than Captains. Before 2016, even if you got divorced while holding the rank of Captain, if you retired with the rank of Colonel, your former spouse would be entitled to 50% of your pension as a Colonel. However, after 2016 the frozen benefit rule was implemented.
The frozen benefit rule states that divorced spouses of military members are entitled to 50% of their former spouse’s pension only at the rank that they held when the divorce was finalized
Is Tennessee an Equitable Distribution State?
Yes, Tennessee is an equitable distribution state when it comes to divorce. This means that marital property will be divided equitably by the court, but not necessarily equally. In an equal distribution state, all marital assets are divided 50/50 and each spouse will walk away with half.
Your former spouse is entitled to up to 50% of your pension under federal law, but they may not be awarded the full 50% depending on the details of your relationship and both of your financial situations.
For more information on what you can expect during the property distribution process of your divorce, reach out to an experienced attorney at Rice Law.
