Understanding Your Property Division Rights In The Military

Divorce in the military requires an understanding of federal and state laws as well as military policies and benefits. Our experienced military divorce attorneys at the Law Offices of Todd K. Mohink, PA, will walk you through all the details of the Uniformed Services Former Spouses' Protection Act (USFSPA) to make sure your divorce agreement protects your financial future and complies with federal and state law.

Dividing Retirement Pay

Under the USFSPA, spouses may be eligible for up to 50 percent of retirement pay. Eligibility and benefits amount are dependent on several factors:

  • Length of time married
  • Length of service
  • Overlap between marriage and service
  • Child support inclusion

How State Law Affects Property Division In The Military

The USFSPA is the federal law governing the distribution of property in a military divorce, but it essentially states that military retirement benefits can be treated as property under state law. It is critical in a military divorce that you have a lawyer who understands the framework of the USFSPA and Maryland's marital property laws.

Our firm has extensive experience helping military servicemembers and their families with the complexities of military property division. Our attorneys will combine their knowledge of military policies, federal and state laws with the details of your family's financial situations to obtain agreements that are both fair and tailored to your specific needs.

Other Benefits

Retirement pay is only one property issue involved in military divorce. Medical benefits and commissary privileges are also at issue in a military divorce. Continued access to these benefits once your divorce is final may be available, depending on the same factors as retirement benefits. Children of military members may also continue to be eligible for medical benefits, even if a former spouse is no longer eligible under the law.

We Are Ready To Help

Our two offices are within close proximity to the National Security Agency (NSA) headquarters in Maryland, as well as Fort Meade. Call us at 800-266-8151 or schedule a free consultation online at our Columbia or Glen Burnie location.