Legal Question in Family Law in Washington

Re: Military Retirement-who gets it?

You say you are divorced, it may be too late to change what is in the decree, but if the matter has not been resolve you may still have options. As to your specific question on the law: All states' courts, have the authority to divide a servicemember's military retirement, regardless of the length of the marriage. The Uniformed Services Former Spouses' Protection Act (USFSPA) permits, but does not require, state courts to divide military retirement upon divorce, legal separation or annulment. 10 U.S.C. �1408.

A divorce court's authority to divide military retirement is not limited by the length of the marriage. Many people believe that military retirement is only divisible if the marriage lasted at least 10 years. What the USFSPA actually provides is that the Defense Finance and Accounting Service (DFAS) will pay directly the former spouse's share of a military retirement if there were at least 10 years of marriage overlapping 10 years of creditable military service.

State courts divide military retirement for couples with fewer than 10 years of marriage, but the servicemember has to cut the check to pay the civilian spouse, rather than DFAS making the payments.

As to the amount of the share of pension, community property does not mean 50/50, it actually provides for an equitable distribution of assets and debts (with regard to all factors including current and future income prospects). If your spouse has a retirement account, community property would provided that you would have a claim against that account. Your spouse may want to trade a claim against your retirement away for your waiving certain claims or taking certain liabilities. You should consult with an attorney to develop the information that would address all the considerations.