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 Wisconsin. In order for any portion of military retirement benefits to be considered as marital property, the service member and their spouse must have been married for at least 10 years while the service member was in active duty. Since the military retirement income can be in the form of a pension, annuity, or other retirement plan, Wisconsin courts are only allowed to divide the marital property portion of the benefit. The divorcing couple in a military divorce also has the option of negotiating a written agreement for the division of the military retirement benefits. The agreement must be in compliance with the provisions of the Uniformed Services Former Spouses’ Protection Act (USFSPA). This law limits the court’s ability to divide retirement benefits beyond a 50-50 split. The spouse may also be entitled to waived retired pay. When dividing the military retirement benefits, the court will take into account the need for spousal maintenance. When determining the division of the military retirement benefits, the court may consider such factors as the length of the marriage, shared financial contributions, the age and health of each party, and the need for spousal maintenance. It is important to note that the military retirement benefits are not considered in the calculation of child support payments. Therefore, if the court makes a decision to divide the military retirement benefits, these amounts will not be deducted from the child support payments.

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

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