How do I determine the terms of a military divorce settlement?

When determining the terms of a military divorce settlement in Washington, it is important to understand the complexities of military law and its implications for the divorce process. The Uniformed Services Former Spouses’ Protection Act (USFSPA) serves as the governing law in military divorces. The first step in determining the terms of a military divorce settlement is by gaining a basic understanding of what USFSPA covers. The USFSPA gives the courts the ability to divide a military pension between spouses in a divorce, similar to a private pension. Depending on the length of service and the type of pension held, a portion of the military spouse’s pension may be available to the non-military spouse. Court orders can also be used to divide other kinds of marital property, such as the family home and any jointly owned vehicles, bank accounts, and investments. In Washington, courts typically use the “equitable distribution” method to divide property. This means the court will divide the property in a way that is fair, but not necessarily equal. Lastly, Washington courts also consider the effects of a possible move due to a military transfer on the terms of a divorce settlement. If the military spouse is likely to move in the near future, the court may order the non-military spouse to receive a larger share of the marital property to account for the possible loss of economic benefit they may experience. By understanding the legal details of a military divorce and the implications of a transfer, you can more easily determine the terms of a military divorce settlement in Washington.

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How do I determine the terms of a military divorce settlement?

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