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

Active duty military pension division in a military divorce is determined differently in Wisconsin than in some other states. In Wisconsin, a military pension cannot be directly divided in the divorce. Instead, the Wisconsin courts use an indirect approach to division of military pensions. Generally speaking, Wisconsin law requires courts to consider the military pension as a marital asset, and to divide the marital assets equitably between the two parties. This doesn’t mean the court splits the pension 50-50; the court takes into consideration the length of the marriage, other income and assets the couple has, and the needs of both parties when making a decision about how to divide the marital assets. For example, if the spouse receiving the pension is the breadwinner, the court may decide that the breadwinner should keep a large portion of the pension. On the other hand, if the breadwinner is the one receiving the pension, the court may decide the other spouse is entitled to a greater share of other assets, such as the marital home, to compensate for their lack of military pension benefits. Finally, the court may also consider whether the military spouse waived any retirement benefits in favor of their spouse, as this could affect how the court decides to divide the marital assets. Ultimately, the court will take into account all of these factors when deciding how to divide the military pension in a military divorce.

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

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