How is active duty military pension division determined in a military divorce?

In a military divorce, the division of active duty military pension is determined by the state of Nebraska’s division of marital property. Many states, including Nebraska, view military pensions as marital property, and therefore, it must be divided between the spouses. The pension can be paid directly to the non-military spouse or can be put into a separate account for the non-military spouse. In some cases, the military spouse may be allowed to keep the pension as long as they pay the non-military spouse a lump sum for their portion of the pension. In Nebraska, the court will evaluate the length of the marriage, the age and health of both spouses, the contribution of each spouse to the pension, and the standard of living that the couple had during the marriage when determining the division of the military pension. This evaluation allows the court to equitably divide the pension in order to fairly recognize the contribution of both spouses to the marriage. The court can also order the military spouse to pay a separate maintenance allowance to the non-military spouse. If the military spouse is still on active duty and the court is not able to reach an agreement on how to divide the pension, the court may issue a Qualified Military Domestic Relations Order (QMDRO). The QMDRO allows the non-military spouse to receive a portion of the military pension when the military spouse begins receiving it. The non-military spouse is usually required to pay income taxes on the pension payments, so it is important to determine the tax implications of the QMDRO before signing it.

How is active duty military pension division determined in a military divorce?

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