Respected Chesapeake Divorce Lawyers Explain Division of Military Retirement Pensions

Military divorce attorneys in Chesapeake can advise how federal and state laws affect pension division

In 1984 Congress passed the Uniformed Services Former Spouses’ Protection Act (USFSPA). This act made it the law of the land that states needed to consider military retirement pay as marital property, so that it may be divided between spouses at divorce.

But different states handle the division of marital property very differently. You may not be entitled to exactly what you think you are when your divorce involves military retirement. If you are going through a military divorce in the state of Virginia, you need an experienced military divorce law firm in Chesapeake like Harding, Harding & Harding Attorneys at Law to explain your options and clarify your expectations.

Virginia laws regarding division of military retirement

Chesapeake military divorce attorneys often begin discussion of dividing retirement pay with the concept of the marital share. This share is a fraction calculated in the following way: The state takes the total number of months the spouses were married and were not separated during the applicable period of creditable military service, and divides it by the total number of months of creditable military service. In most cases, Virginia courts will award the spouse one half of what the marital share is determined to be.

If the service member spouse is already retired, the marital share is easy to calculate. But in cases where the member is still on active duty when the divorce occurs, it cannot be done because one portion of the formula, the length of creditable military service, does not yet exist.

The court will, in this case, determine the fixed length of the marriage at the time of divorce and the percentage of retirement to be awarded upon military retirement, and allow the Defense Finance and Accounting Service (DFAS) to calculate the creditable military service and the actual amount of the award when that retirement occurs.

Limits of the DFAS

No matter how good a settlement your military divorce attorney in Chesapeake gains for you, rules under USFSPA limit what DFAS is allowed to do. Even if a state awards more than half of the retirement pay of your former spouse, DFAS cannot directly pay more than 50 percent of the disposable retired pay in question. Also, the DFAS will only pay the former spouse directly if the marriage lasted at least 10 years while overlapping military service. If this is not the case, DFAS will pay retirement to the retired service member, who must then pay the former spouse the awarded amount.

Harding, Harding & Harding Attorneys at Law is an experienced and reputable military divorce law firm in the Virginia Beach area. If you face a military divorce in the state of Virginia, do not go it alone.

One of the most trustworthy Chesapeake military divorce law firms practicing today

Contact Harding, Harding & Harding Attorneys at Law online or at [ln::phone] today. He will gladly schedule a free consultation to listen to the specifics of your military divorce case.

Contact Form

We will respond to your inquiry in a timely fashion. Thank you.

!
!
!

Testimonials

"In every case Mr. Harding takes, he strives to provide his clients with the highest level of legal service. If you choose Darrell M. Harding Attorney At Law, PLC to represent you, you can expect to receive experienced legal guidance and be treated with the utmost courtesy and respect at all times."

More Testimonials

Our Offices

  • Virginia Beach Office

    Address

    5366 Virginia Beach Boulevard, AAA Building.
    Suite 301
    Virginia Beach, Virginia 23462

  • Chesapeake Office

    Address

    2010 Old Greenbrier Road
    Suite L
    Chesapeake, Virginia 23320

    Phone

    757-401-6804

  • Norfolk Office

    Address

    1500 E Little Creek Road
    Suite 309
    Norfolk, Virginia 23518

    Phone

    757-512-8393

Choose a location to review

Harding, Harding & Harding Attorneys at Law locations:

Ratings & Reviews

  • google
    5.0/5.0

    Thomas is a God send! He is very supportive and he knows his stuff. If you are looking for a sign on who to trust with your family, here it is.

    — Miss Ting Ting

  • google
    5.0/5.0

    I am still working with Mr Harding. My case is not over yet. But words can describe how he has change my case since he became my attorney. Great understanding guy. And sooo willing to help. He literally puts him self in your position and go...
    Show More

    — Neftali Moeglin

  • google
    5.0/5.0

    Thomas was great. I can’t say enough about him. I highly recommend the very kind and patient professional!

    — Ricardo Tubbs

  • google
    5.0/5.0

    I just can not thank Mr. Thomas Harding enough. When meeting him he doesn’t seem aggressive because he’s very kind and patient but in the court room he doesn’t play any games. He did PERFECT and I have ZERO complaints. He’s is also very enc...
    Show More

    — Ivory E

  • google
    5.0/5.0

    The team at Harding, Harding and Harding was fantastic to work with. Tom was extremely helpful and responsive in answering any and all questions I had. Almost all of our communication was digital, and the process was flawless. I received co...
    Show More

    — Gerald Nutini