Are there any limitations on the division of assets in a military divorce?

Yes, there are limitations on the division of assets in a military divorce in Washington. Firstly, the division of military retirement benefits in military divorces is governed by the Uniformed Services Former Spouse Protection Act (USFSPA). This Act allows states to divide a member of the United States Armed Forces’ military retirement benefits as part of a divorce settlement. Secondly, the division of non-military retirement benefits must follow the state’s laws on the division of marital property and assets. For instance, Washington state law provides that marital property should be divided fairly and equitably between the two parties. This could be a “50-50” split, a split that favors one party over the other, or any other division that is agreed upon by both parties. However, prior to any division of assets, the court must first calculate each party’s share of the marital property. This calculation is based on factors such as which person earned or contributed to the asset or property, the amount each person contributed to the asset, and the separate assets of each party. In addition, the division of military and non-military assets can be limited by prenuptial or postnuptial agreements between the parties. Finally, any debts incurred during the marriage must also be equitably divided between the two parties.

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