How is the division of military retirement benefits determined in a divorce?

In Florida, the division of military retirement benefits in a divorce is determined by the type of military retirement benefits being sought. If it is non-vested retirement benefits, the amount of benefits allocated to each spouse will be determined by the court considering the length and character of the marriage, the economic circumstances of each spouse, future earning potential, contributions of either spouse to career advancement, and achieving a fair and equitable property settlement. If the benefits are vested retirement benefits, the court will approve a Qualified Domestic Relations Order (QDRO), which assigns a percentage of benefits to each spouse. The QDRO outlines the amounts each person will receive, as well as the method of payment for those benefits. This percentage can be transferred directly to a former spouse’s IRA or other retirement plan or it can be paid out as a lump sum. The court may consider a variety of factors when deciding the percentage of benefits to assign to each spouse in a QDRO including the length of the marriage, the division of other marital property, and the contributions of each spouse to the marriage. When deciding the percentage of benefits to assign, the court cannot deviate from the guidelines provided by the state. Ultimately, the division of military retirement benefits is determined by state law. In Florida, non-vested retirement benefits are divided equitably and vested benefits are divided according to the guidelines of the QDRO. Each spouse should consult an experienced military divorce lawyer to ensure that their rights and interests are fully protected.

How is the division of military retirement benefits determined in a divorce?

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