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TODD K. MOHINK, PA Glen Burnie & Columbia Family & Criminal Lawyer

Retirement division in military divorces is complex

Military divorces have some special considerations that everyone who is in the military or retired from the military should know about. These special considerations are due to the Uniformed Services Former Spouses’ Protection Act, which sets forth a variety of conditions that must be met if a former spouse is going to claim some of the retirement pay of the military service member. We understand that you might have some questions about whether retirement pay will come into question. We are here to help you find answers.

The USFSPA set the 20/20/20 rule as the guiding factor in whether a former spouse of a service member will qualify for a portion of the military retirement. This rule means that the marriage must have lasted at least 20 years, the military service must have lasted at least 20 years and at least 20 years of the marriage must have overlapped with at least 20 years of military service.

Interestingly, the USFSPA also allows for the military retirement to be treated as marital property under state law. We can help you to understand how Maryland law might alter the property division agreement as it relates to military retirement.

If you are considering a divorce, we can help you to learn about how a military divorce can affect your future. Whether you are the military member or the spouse, we can help you to learn about your rights and options as you go through the divorce. You don’t have to try to figure out how to apply federal law and state to your divorce on your own.

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