If you are getting a military divorce and are a resident of Rhode Island, how you divide benefits and pensions will differ from a civilian divorce. Although a military pension may be marital property, depending on the circumstances, the military might not distribute it. When it comes to military pensions, the 10-10 rule is followed. If there a spouse’s military service has a 10-year overlap with the marriage, the federal government will accept an order to divide the military pension. Otherwise, pension may be assignable, but not distributed.
Military Benefits in a Divorce
To calculate how military benefits are divided, a judge will factor in the duration of the marriage and military overlap as well as the total number of years the spouse spent serving in the military. Additionally, the amount awarded will also be adjusted for future cost of living adjustments.
Another key component in this process is the military spouse’s base pay rate. If the military spouse remains in the military and gets promoted over the years, the base pay rate will increase. That is why it is crucial to define the rate as the present rate. However, this cannot be done for active-duty personnel, so you will need a creative legal team to create a strategy to obtain the fairest results.
If the servicemember spouse begins collecting VA disability, the receiving party may miss out on a share of court ordered military retirement benefits, which is another reason why you need to hire an attorney to represent your case and manage these consequences.
Discuss the Details of Your Military Divorce with an Experienced Family Law Attorney Today!
If you are getting a military divorce, these cases are often a bit more complicated than most others. To ensure it goes as smoothly as possible, you should act quickly and hire a knowledgeable legal advocate to assist you. At Moyer Law, PC, our divorce attorney is committed to helping clients navigate every step of the divorce process. You can rely on us to provide the advice you need to ensure you receive a fair settlement.
Reach out to our law firm today at (401) 305-2934 to set up an initial case evaluation with our attorney to learn more about your legal options and what we can do for you. You do not have to go through this alone.