How do I divide military retirement benefits in a divorce?

In the state of Nebraska, dividing military retirement benefits in a divorce is a complicated matter. Generally, the division of military retirement benefits is determined by looking at both spouses’ contributions to the marriage. This applies to both active and retired service members. Retirement benefits from the U.S. military are classified as marital property that is subject to division. The first thing that a divorcing couple should do is determine whether either spouse qualifies for any of the military retirement benefits. If so, then the court will consider both parties’ contributions to the marriage when determining how to divide the benefits. The court will take various factors into account, such as each spouse’s age, income, length of service, and any special circumstances. Depending on the situation, the court may decide to either split the benefits 50/50 or award a certain percentage to one spouse or the other. Once an agreement is reached, the court will issue orders detailing the division of the military retirement benefits. These orders must be signed by both spouses and either approved by the service member’s commanding officer or submitted to the U.S. Department of Defense for approval. Anyone considering divorce should consult a qualified attorney in their state to ensure that military retirement benefits are divided correctly and fairly.

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How do I divide military retirement benefits in a divorce?

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