How do I divide military retirement benefits in a divorce?

In Wisconsin, military retirement benefits are divided differently depending on whether the divorce is a service or a civilian divorce. For a service divorce, the benefits are divided differently than for a civilian divorce. For a service divorce, the court may award a portion of the military retirement to the non-military spouse. The court considers factors such as the length of marriage, length of service, and either spouse’s financial needs when making the award. For a civilian divorce, the court looks at the benefits awarded in the divorce as a marital asset. The court may divide the benefits or leave them in the sole possession of the service member. If divided, the court takes into consideration any contributions made by the non-military spouse to the marriage, such as financial contributions, taking care of the home, or sacrificing their own career goals. Additionally, some states also recognize the military pension as a marital asset, which means the non-military spouse may be eligible to receive a portion. However, federal laws prohibit the division of benefits if the divorce is not finalized prior to the service member’s retirement. No matter which type of divorce is being pursued, both spouses should seek legal advice to make sure they are properly informed of their rights with respect to their military retirement benefits.

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How do I divide military retirement benefits in a divorce?

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