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

In Washington, division of a military pension is determined in a military divorce through an equitable distribution of the marital assets. This means that the couple’s marital assets, including the pension, must be divided in an equitable, or fair, manner. An experienced family law attorney or a court-appointed mediator can help the couple determine how to divide the pension and other assets. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), the court can treat a military pension as property of the marriage. This means the court can divide the pension as part of the divorce settlement. The court must give the non-military spouse a portion of the pension as part of the division of assets. This amount is determined by the court and is based on a variety of factors, including the length of the marriage, the contribution of each spouse to the marriage, and other factors. In addition to the court determining the amount of the pension that will be divided, it must also determine how the pension should be divided. The pension can be divided by court order or through a Qualified Domestic Relations Order (QDRO). A QDRO is an order from the court that divides the pension into two separate accounts that can be divided without tax or other penalties. To ensure that the pension is divided in an equitable manner, it is important for both parties to have an experienced attorney review the QDRO before it is submitted.

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

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