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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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