Military retirement can be treated as community property if the Jurisdiction is in a Community Property State. All armed forces participate in a unified retirement system. This means the Marines and the Navy, all utilize the same type of retirement. Service members generally retire early, and they are eligible to retire after 20 years of active duty service. After that, they begin to receive retired pay. Here the Court will look to state laws as well as Federal Laws to determine how the Retirement is divided.
There are different formulas used to determine the amount that they will receive after retirement and it generally depends on the date that they enter the military service as well as the date that the parties were married.
Military pension is paid directly to the spouse, if the military spouse has been in service for more than 10 years, and the parties have been married for over 10 years. Though the maximum amount that the spouse can receive at that point is 50% of the pension, and retirement division is completely negotiable and depends on the two parties in divorce.
It’s important to also note that the military spouse may have also entered into a Thrift Savings Plan, medical care benefits, and commissary benefits to also consider when it comes to dividing military retirement.
If you have any questions, do not hesitate to shoot me an email.