What is a National Guard Retirement System and how does it apply to a military divorce?

The National Guard Retirement System (NGRS) is a benefit program offered to members of the U.S. National Guard and the U.S. Reserve Component. The system provides benefits for members of the National Guard and Reserve including retirement pay, health insurance, and life insurance. In California, the NGRS applies to a military divorce like any other federal retirement system. In a military divorce, the NGRS plays an important role. As with any divorce, the court will divide the marital assets, which includes the pension from the NGRS. In California, the court will first determine if the soldier has military-connected retirement benefits. If they do, the court will consider these benefits subject to division. The court will then determine the amount of the military retirement that the non-active duty spouse is entitled to. Generally, the non-active duty spouse is entitled to 50% of the military retirement pay (or a portion of the marital property for division). This division is determined based on California law and the length of the marriage. The court may also consider the cost of living increase and any other special benefits available under the NGRS. The court can also order the division of any survivor’s benefit that may be available through the NGRS. In summary, the National Guard Retirement System applies to a military divorce in California. If a couple was married during the period that the member of the National Guard was in active duty service, the court will divide the military retirement based on various factors, including length of marriage, cost of living increase, and other special benefits.

Related FAQs

How do I file for a military divorce?
What is a Military Divorce Separation Agreement?
Are there any special benefits to a military divorce?
Can I get a military divorce if I’m not a U.S. citizen?
What is a no-fault divorce in the military?
Are there any limitations on the division of assets in a military divorce?
Can I get military benefits after a divorce?
How do I know if I am eligible for a military divorce waiver?
Can I receive a waiver of service in a military divorce?
Does the military provide legal assistance for divorce cases?

Related Blog Posts

Understanding Your Rights to Military Retirement Benefits in a Divorce - July 31, 2023
The Top 5 Things You Need to Know about Military Divorce Laws - August 7, 2023
Exploring How Spousal Support is Calculated in a Military Divorce - August 14, 2023
Dividing Assets in a Military Divorce: What You Need to Know - August 21, 2023
What You Need to Know About the Military's Role in Divorce Proceedings - August 28, 2023