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

In the state of Wisconsin, the division of military retirement benefits in a divorce is determined by the court. Specifically, the court must examine which assets are marital property (property that is owned jointly) and which assets are separate property (property that belonged to either one spouse before the marriage). The court must also consider how much of each spouse’s time was dedicated to the military and how the military retirement benefits were earned during the marriage. If the court decides that the military retirement benefits are marital property, it will then determine how those benefits should be divided. Generally, the court will divide the benefits in a way that is equitable to both parties, which means they will divide the benefits based on the contribution each spouse made to the marriage. For example, if one spouse worked in the military full-time while the other spouse raised the children and took care of the home, the court may assign more of the benefits to the spouse who served full-time in the military. However, the court may also choose to divide the benefits in a way that is fair, rather than equitable, depending on the situation. In some cases, the court may assign different military retirement benefits to each spouse in exchange for other pieces of marital property. For example, the court may divide the military retirement benefits in exchange for one spouse taking possession of a physical object owned by both spouses. Ultimately, the court will make a decision based on the facts of the divorce case. It will take into account the contributions each spouse made to the marriage, the value of the assets, and the general interests of each party.

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

Related FAQs

Related Blog Posts