Divorce and Military Retirement Plans by primusboy


									Divorce & Military Retirement Plans
Divorce can be a very painful experience - painful and better, reduced to
mere fights over who gets what, with both spouses grasping for as much as
they can get. If one of the spouses was in the military, this becomes
even more vehement - divorce and military retirement plans has long been
a much debated issue.
Divorce and military retirement plans are important because in a marriage
where at least one of the spouses was in the military, the retirement
plan becomes one of the most valuable assets in the case.
In fact, it is quite often the most important asset under dispute in the
course of the divorce. Courts have also recognized the problem of divorce
and retirement plans, and this is why they have framed laws and
guidelines to decide this issue amicably - or, at least, as amicably as a
divorce can possibly be.
The Uniformed Services Former Spouses' Protection Act (USFSPA) which the
Congress enacted, deals with the problem of divorce and military
retirement plans. First of all, this permits the state court to divide
the military retirement plan in the case of a divorce.
One myth that even some attorneys seem to believe with regard to divorce
and military retirement plans is that the retirement plan can only be
divided if the marriage has lasted a certain number of years. Most people
seem to subscribe to the view that this time period is ten years.
However, this is not true. In no state does this apply. There is no time
limit for the marriage to have lasted, for the military retirement plan
to be divided.
What the Uniformed Services Former Spouses' Protection Act actually says
is that if the marriage had lasted more than ten years, the Defense
Finance and Accounting Service or the DFAS would directly pay the spouse
his/her share of the military retirement plan. If it lasts less than ten
years, the spouse who was in the military will have to pay the divorcee
the sum from the military retirement plan.
The law makes it very clear what the stand is when it comes to divorce
and military retirement. The profits from the military retirement are
part of the settlement, without any disputes, and the spouse is entitled
to it, no matter how long they were married. Divorces and military
retirement plans can be a bit messier than divorces otherwise are, but
the law is very clear on that point.
Robert Grazian is an accomplished niche website developer and author. To
learn more about divorce military retirement plans visit You Retired for
current articles and discussions.

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