Active duty members of the military with twenty or more years of service are eligible to receive a lifetime pension as soon as they retire under the Thrift Savings Plan (TSP), which was updated by Congress in September 2019.
The federal Uniformed Services Former Spouses’ Protection Act (USFSPA) ensures the income from any pension payments is considered a divisible asset in the event of a divorce, as long as the marriage lasted for at least ten years during the period of active duty service. This law still applies even if the divorce occurs prior to the spouse who is enrolled in the military retires. The spouse could receive half of the income from these payments. Reach out to Laura D. Heard Law Firm Inc. in San Antonio today by calling (210) 655-9090 and working with a divorce attorney to make this difficult process a little easier.
Will My Divorce Be Affected If I Am Likely To Deploy?
Once the divorce proceedings make it to court, the judge will look carefully at a military spouse’s likelihood to go on deployment. This can be a negative to the servicemember in custody proceedings, as a primary caregiver leaving for months at a time might not be in the child’s best interest.
Either parent can ask the judge to reconsider this determination in the future, either when the active military spouse’s likelihood to deploy changes, or when they remarry and can show the court that their new spouse (the step-parent) would be a responsible caregiver for the child. As respected family law attorneys, we stand side by side with you to help get you the best possible result.
How Are Survivor Benefits Affected By A Military Divorce?
If the spouse of a servicemember was a beneficiary under the military member’s Survivor Benefit Plan while married, this status does not remain in the event of a military divorce. It must be added as part of the divorce settlement.
An experienced family law attorney can break down the entire process of divorce in the military in a way that’s easy to understand. Our law firm can help both spouses reach an amicable agreement. Contact us today to figure out the next steps in your divorce proceedings.
What Is Transactional Benefits Coverage?
There are a lot of scenarios where a newly divorced military spouse can temporarily keep the majority of the federal benefits associated with their spouse’s military service. This is so the service member’s spouse has a safe transition back to the civilian world and can land on his or her feet and begin to create a life for themselves.
If you are the spouse of a service member going through a divorce, your lawyer, as well as the military, will help you find these programs. Reach out to Laura D. Heard Law Firm Inc. today to take advantage of these opportunities.