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 Washington. These limitations are based on the Uniformed Services Former Spouses’ Protection Act, which is the federal law that governs the division of military retirement benefits in a divorce. Under this law, a maximum of 50 percent of a member’s disposable retired pay can be given to a former spouse. Additionally, the former spouse’s portion of the retirement income must be a “qualified” amount - meaning that it must be paid as a result of an “agreed upon” property settlement or court order. In addition to this, the law mandates that a former spouse cannot receive more than 50 percent of the member’s disposable retired pay, even if the former spouse was married to the service member for 20 years or more. The law also states that the former spouse must have been married to the service member for at least 10 years for the former spouse to receive a portion of the retirement benefits. The law also states that a former spouse is not entitled to any portion of a service member’s retirement benefits if the divorce occurs after the service member retires. In this instance, the military retirement benefits can only be divided if the service member consents to it. In summary, there are limits on the division of military retirement benefits in a military divorce in Washington. These limits are based on the Uniformed Services Former Spouses’ Protection Act, which states that a former spouse cannot receive more than 50 percent of the service member’s disposable retired pay, and that the former spouse must have been married to the service member for at least 10 years for the benefits to be divided.
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