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Fairfax Military Pension Division Lawyers

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Military Pensions Are Valuable Assets

For a military family, a military pension may be the most valuable asset in a divorce. As assets, military pensions can be divided like other assets in a divorce, but specific federal rules and regulations may apply.

At Becker, Kellogg & Berry, P.C., you will find Fairfax military pension division attorneys who understand how federal and Virginia laws apply to military pension divisions in a divorce. We provide experienced counsel regarding the complex laws regarding pension division to military families across Northern Virginia.

Alexandria Military Retirement Benefits Attorneys

Military pension divisions are governed by the federal Uniformed Services Former Spouses' Protection Act (USFSPA), which allows states to divide military pensions upon divorce. In Virginia, pay for retired members of the military is generally considered marital property — and subject to division — if it was earned during the parties' marriage. If you meet the USFSPA's 10-10 rule of a marriage of at least 10 years with military service of at least 10 years, the federal government will send the check directly to the nonmilitary spouse. If not, the retired military member must send the check directly.

If you are eligible to receive military pension payments as the result of your military divorce, you will also need to consider whether your spouse has included you in a survivor benefit plan (SBP). The SBP is an insurance policy that protects your income from a military pension if a military spouse or ex-spouse dies before you. The election must be made at the time the military spouse retires and cannot be made later. Our lawyers can explain the survivor benefit plan to you and advise you on how to proceed.

Informed Resources for Pensions and More

In addition to military pensions, members of the military may be eligible for disability payments from the Department of Veterans Affairs. Whether these payments are subject to division in a divorce depends on the situation.

For more information about pension divisions during a military divorce and related matters, contact us online or call 703-962-1829 (toll free 866-494-2620).

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