What Happens to a Military Pension When Going Through Divorce?

military pensionWhat happens if you married somebody in the military? Generally, as determined by law, you also adopt their pension and other benefits, which become part of the marriage. Nobody who gets married believes that their relationship will ever end in divorce; however, when it does, you and your spouse may wonder about what happens to the pension. Is this something that is transferred to you?

The fact of the matter is that, if you and your spouse get divorced and you have adopted their pension plan (especially in cases where a child is also benefiting from the plan), the pension could face division. This is especially pertinent in cases where the child or spouse still need support even though the divorce has occurred. Sometimes, a spouse isn’t working when their husband or wife is in the military, and the pension plan can help them get back on their feet after they have been affected by divorce. The next question is: How much of the pension should the wife or husband receive? This is something they must communicate over.

Child Custody Determinations

Child custody also becomes a matter of attention in divorce cases when one spouse is in the military. This is due to the fact that a parent who is in the military actively obviously cannot have physical primary custody of their child. This is due to the fact that those in the military tend to often bounce around from place to place, which could take away from the stability of a child. This is why you often find cases where the non-military spouse gets primary custody as a way to keep the child stationary so that they can attend the same school and keep routine in their lives.

If you have been previously married to somebody in the military, divisions of pension plans and child custody determinations become the forefront. The financial stability of a spouse and his/her children after the divorce becomes front and center because nobody should be left to suffer financially. If you need help with these determinations, call us so we can get started on your case and help you in your time of need.