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Myths and Mistakes About Military Retirement

June 14, 2017

Divorce for members of the U.S. Military involve a mine-field of unique pit-falls and special considerations the family law practitioner must be aware of to properly draft a Property Settlement Agreement that correctly states how a servicemember's military pension is to be divided. Failure to know the rules of the Uniform Services Former Spouse Protection Act (USFSPA) can be costly to your servicemember client or spouse. For example, a former spouse of a military member is not entitled to one-half of a member's military retirement. The former spouse is only entitled to the marital portion of his or her military retirement. The consequences for misstating this in a Court Order can mean a loss of thousands of dollars over time in your client's military pension. Did you know that a spouse does not have to be married to a servicemember for at least 10 years before he or she is entitled to a division of the military member's retirement? Any number of years of marriage qualifies the spouse to receive the marital portion of the servicemember's retirement.The following article is an excellent run-down of the many pit-falls the family law attorney needs to be up-to-speed on to adequately represent his military client, and to avoid a potential malpractice suit for not knowing the law.

http://www.nclamp.gov/publications/the-legal-eagle/fact-or-whacked-myths-and-mistakes-in-military-divorces/

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