mdlawyers.us

Free Consultation* (301) 738 5700

Maryland Lawyers

Belli, Weil & Grozbean, P.C.

    Military Pensions

We often get questions on military pensions and whether there is any truth that if a couple has not been married for 10 years the spouse is excluded for sharing in the pension. The answer is YES. but only if you read the fine print and look at the case law.

A review of  USFSPA provides military retirement payments may not be made "under this section" to a former spouse who was not married to the service member for at least 10 years. 10 U.S.C. Sec. 1408(d)(2).

The 10-year requirement applies only to military retirement pay paid directly by the military finance center to the former spouse. Virginia appellate  courts have stated while a 10-year marriage is a condition for direct payment, failure to meet the 10-year requirement does not bar the court's division of a spouse's military retirement pay. Cook v. Cook , 18 Va. App. 726, 446 S.E.2d 894 (1994).

Likewise, the Court have held that even if the military personnel has not served 20 years and is not fully vested, not mean that the spouse is excluded. Like any pension, the military pension is a deferred compensation and can be includable for consideration in a divorce. Similarly, The marital estate for purposes of dividing the pension, includes only that portion of a military pension which is earned during the marriage.

Military pensions are tricky and you need to talk to a qualified domestic relations
attorney who can better assist you.

 

YOU SHOULD REMEMBER THE INFORMATION THAT YOU READ HERE IS GENERAL IN NATURE AND NOT MEANT TO BE A SUBSTITUTE FOR SPECIFIC LEGAL ADVICE FROM AN ATTORNEY.

MAIN OFFICES IN WASHINGTON, D.C. WITH AFFILIATE OFFICES ATLANTA & SAN FRANCISCO AND REFERRAL OFFICES FROM COAST TO COAST

  A Maryland law firm also serving the District of Columbia and the Nation. Maryland lawyers also licensed in the District of Columbia. We work with lawyers around the country to provide the very best representation.

Contact our Maryland Lawyers Regarding
Maryland Divorce and Child Custody, Maryland Personal Injury, Maryland Criminal DWI Laws.

Call for a FREE consultation at (301) 738-5700

*Free consultation up to 10 minutes in person. Free consultation does not apply to employment matters.
Please Note: Telephone Conversation / consultation does not create an attorney client privilege and is only meant to provide general information. If you intend to create an attorney client relationship and privileges you must set an office appointment. Free consultation does not apply to employment matters.If you intend to create an attorney client relationship and privileges you must set an office appointment.**Affiliate offices are separately owned and operated law firms. No other inference of connection is implied or represented. Law firm does not assume any responsibility or liability express or implied as to any other affiliate office.

111 Rockville Pike, Ste 980, Rockville, Maryland 20850, (301) 738-5700 (phone), (301) 738-5708 (fax)
Maryland Divorce,  Personal Injury Lawyer Maryland,  Maryland Drunk Driving DWI Lawyers, Maryland Divorce Lawyer

Copyright 2006, mdlawyers.us  All rights reserved. Privacy Policy and Terms & Conditions

Home  |  Maryland divorce  |   Maryland personal Injury  |  Maryland Medical Malpractice  |  Maryland mediation  Employment Law | Maryland criminal Law  |  Mediation  |  Maryland Divorce Mediation  |  Articles  |  News / Television
Practice Areas  | 
Free Consultation  |  Contact  |  Privacy Policy  |  Links  |  Site Map
 

Featured Lawyer at AllGoodLawyers.com Law Directory