Military Pensions

Silver Spring Maryland Military Pension Order Attorneys

The calculation of what portion of a military pension an ex-spouse is entitled to is extremely complex. We handle these issues for other lawyers because we know how to do it, and very few other attorneys do. As with any government entity, there are forms to complete and procedures that must be followed to determine or receive pension funds.

Generally, a military pension is "marital property." State family courts divide property upon divorce, and the pension will be part of the marital estate.

Divorce and Military Pension Division

The law providing for spouses to share in military pensions is the Uniformed Services Former Spouses' Protection Act (USFSPA). The most important aspects are as follows:

  • If you served in the military for 20 years or more, and were married for 20 years or more overlapping the service, your ex-spouse has a special "20-20-20" status and entitlement to medical care and other benefits.
  • The law also allows spouses, under certain conditions, to be paid directly, rather than having to get their share from the ex-service member each month. But you must have been married for 10 years.

Attorney Bruce Avery knows how military pensions are treated in divorce, because he spent 20 years serving in the military, 15 of which were in the JAG Corps.

Divorce and Military Pension Division

Avery & Upton serves all religious backgrounds, ethnic backgrounds and social backgrounds. We also represent gay, lesbian, and other nontraditional families. Some of our clients are in families where the parties are married and some are in families where the parties are not married.

Call us at 301-576-0950 or toll free at 866-919-9723, or contact us online with questions about military pension benefits.