Are there any limits on the division of military retirement benefits in a military divorce?

Yes, there are limits on the division of military retirement benefits in a military divorce in North Carolina. According to the federal Uniformed Services Former Spouses Protection Act (USFSPA), the court can divide military retirement benefits as part of a divorce, but the court must be able to determine the amount due to the ex-spouse through a formula. This formula takes into account the length of the marriage and the length of the military service. The division of military retirement benefits in a North Carolina divorce is subject to the same rules that govern civilian retirement benefits. The USFSPA does not allow for the division of any military retirement benefits that were earned before the marriage, and any benefits earned during the marriage may only be divided during the divorce. In some cases, the court may order the military retiree to make payments of a portion of his or her military retirement benefits to the ex-spouse. This type of order is known as a Qualified Domestic Relations Order (QDRO). In addition, the NC Military Divorce Act of 2006 also outlines the division of any other military benefits that may be available, including medical benefits, life insurance benefits, and survivor benefits. The court will take into account the length of the marriage and the length of military service when determining the division of any other military benefits. Ultimately, the goal of the court is to ensure that both parties in a military divorce are provided with the necessary financial support following the divorce.

Are there any limits on the division of military retirement benefits in a military divorce?

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