How do I determine a fair division of assets in a military divorce?

Determining a fair division of assets in a military divorce can be a complex process. Military divorce laws in West Virginia include special regulations regarding the division of assets, since military pay and benefits are governed by federal statutes. First, military pensions must be divided in the form of a Qualified Domestic Relations Order (QDRO). A QDRO is a unique document that ensures half of the non-service member’s military pension is received through a separate payment from the military. Second, since military benefits are generally considered part of a service member’s retirement, they are typically not divided between the parties. However, if the parties have a valid premarital agreement that states that the benefits will be divided between the parties, the court will usually follow the agreement. Third, military personnel must include the value of any Defense Department loans, savings or credit union accounts in the division of assets. Fourth, if the service member is entitled to any special pay, such as combat pay, this must also be taken into account and divided between the parties. Finally, any other assets, such as real estate, vehicles, bank accounts, or investments, must also be identified and divided between the parties in a manner that is fair to both sides.

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How do I determine a fair division of assets in a military divorce?

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