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

In Washington, the division of military retirement benefits in a divorce is determined by the court or by an agreement between the divorcing parties. When the court decides, it is guided by the military member’s retirement plan and the state’s divorce laws. The court will consider the contributions of each party to the family and the length of the marriage in order to make a fair division. Under Washington law, any benefits earned by a spouse during the marriage to a military member is considered marital property and is subject to division during a divorce. Special rules apply to military retirement benefits, which are treated as deferred compensation for service and not considered a pension. When determining how to divide the military benefits, the court will take into account things such as the military service member’s rank, the number of years of service, and the amount of pay during the last year of service. The court may also consider the amount of other marital assets and how to divide them in the divorce. An agreement between the two parties concerning the division of military retirement benefits is also accepted if both parties agree. In any case, the court’s decision is binding on both parties and must be followed.

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

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