There are many reasons why service members may end up divorcing their spouses. Infidelity, long periods of separation and simple incompatibility can all lead to a military divorce. Every divorce has the potential to be disruptive, costly and challenging, but military divorces come with their own unique concerns.
Issues ranging from deployment to dependency on military benefits can make the divorce process far more complex for spouses to navigate. There may also be concerns about property division, especially when considering the military pension that the service member may have accrued. Both spouses may have expected to use pension benefits to cover retirement costs.
What typically happens to pension benefits during a military divorce in Washington?
State law governs property division
Washington has a community property statute. Unless spouses negotiate a contract stating otherwise, they have to split their property and their financial obligations from during the marriage when they divorce. Any pension balances accrued during the marriage are likely at risk of division when couples divorce. The exact terms depend on whether the spouses litigate the divorce or negotiate a settlement cooperatively. The other assets and debts included in the marital estate can also impact what exactly happens with the pension.
Military law governs the distribution of the pension
People sometimes mistakenly assume that military divorces are subject to military law. As previously mentioned, state statutes determine what happens to shared assets during the divorce. However, military law does influence certain details of the process.
When the property division decree from a divorce requires the division of a pension, there is a special rule, called the 10/10 rule, that applies. Under the 10/10 rule, the Defense Finance and Accounting Service (DFAS) can sometimes make direct pension distributions to the non-military spouse after the divorce.
If the marriage lasted at least 10 years and the service member had 10 years of qualifying service during the marriage, then DFAS can make direct payments to the non-military spouse after the divorce. If the marriage does not meet those specific standards, then the spouses may need to negotiate an alternate arrangement.
Discussing concerns and priorities with a skilled legal team during the early stages of a military divorce can help people secure the best possible terms. Pension benefits and other valuable assets may require careful consideration during the planning stages of a divorce.