In parts one and two, we covered an overview of military divorce and discussed special considerations regarding children and military divorce. In our final post in this series, we’ll examine implications for pensions and alimony as well as how to advocate for your rights and a fair result.

How Military Pension Works

When a service member retires after a minimum of 20 years of service, he or she receives a pension as compensation. Under the Uniformed Services Former Spouses Protection Act of 1982, these pensions are considered marital property. As such, they are split during the divorce, and that division can be negotiated. In many cases, the deciding factor is the length of the marriage and whether it overlapped with the person’s time in the service and, if so, for how long. Again, that division does not need to be equal.

Under the USFSPA, state courts can withdraw a maximum of 50 percent of the retired person’s pension. Although the courts might award a higher amount, the retired person will then need to pay the difference directly to his or her ex. In addition, the marriage needed to last a minimum of 10 years in order to go through the finance center. If the court does grant pension to a person whose marriage lasted less than 10 years, then he or she again needs to directly pay the ex.
In some cases, the spouse might trade off a smaller portion of the pension for another consideration, such as a house. The spouse should consult with a family law attorney to see which option makes the most strategic sense depending on the situation.

Survivor’s Benefit Plan

The spouse should ensure that he or she is included in the Survivor’s Benefit Plan (SBP), which continues to pay the pension if the spouse precedes him or her in death. The SBP is separate from the pension, and it should be assessed accordingly.

Service Members Group Life Insurance

During a divorce, the couple can also negotiate naming the ex as the beneficiary in the Service Members Group Life Insurance policy. This money can be designed to replace child support payments should the person die while serving his or her country. For example, the ex can receive $80,000, while the remainder can be placed into a trust for the children.

Additional Military Benefits

An ex-spouse might also be entitled to full medical, theater, exchange and commissary privileges under the following circumstances:

•    The couple was married for at least 20 years
•    The service member accumulated a minimum of 20 years of service and
•    The military service and the marriage had at least a 20-year overlap.

Pension Payments and Your Military Divorce

Pension negotiations can be quite complex, especially if a couple has been married for 20 years or more. Our family law firm understands these challenges. Contact us at 763-323-6555 to find out how we can help.

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Photo of Jason Brown Jason Brown

Jason Brown founded the Brown Law Offices, P.A. in 2003 after working for several years as an associate attorney in downtown Minneapolis. He graduated, with honors, from Mankato State University, Mankato in 1997 and the William Mitchell College of Law in 2000.

Jason…

Jason Brown founded the Brown Law Offices, P.A. in 2003 after working for several years as an associate attorney in downtown Minneapolis. He graduated, with honors, from Mankato State University, Mankato in 1997 and the William Mitchell College of Law in 2000.

Jason has successfully litigated against some of the more recognized family law attorneys in the Twin Cities. He has been named a “Super Lawyer” by Thomson Reuters, and one of the Top 100 Family Law Attorneys in Minnesota by the Society of Legal Advocates.

In addition to his work as a lawyer, Jason serves as a mediator, and court-appointed early neutral evaluator, in divorce and family law cases throughout Minnesota. He frequently writes and speaks concerning divorce and family law issues, including several invitations to present seminars for the Minnesota Judicial Branch in St. Paul.

Beyond family law, Jason has represented hundreds of clients accused of a serious crime, including arson, fraud, unauthorized computer access, burglary, felony strangulation and obstruction of justice. He also provides estate planning services.

Local media appearances by Jason include WCCO Radio, KARE 11 Television, Fox 9 Television and WCCO Television. His national media appearances include NBC News, Time Magazine, USA Today and the Huffington Post.

Jason is the former chairperson of the Family Law Section of the Minnesota Trial Lawyer’s Association, and taught divorce and family law coursework within the paralegal program at North Hennepin Community College. He publishes the Minnesota Family Law Blog, which has been recognized as a “Top 25″ by the Minnesota State Bar Association.

Outside of the office, Jason enjoys playing the bass and electric guitar and spending time in the north woods of Wisconsin.


Areas of Practice
  • Divorce
  • Custody
  • Adoption
  • Restraining Orders
  • Prenuptial Agreements
  • Criminal Defense
  • Estate Planning
Notable Cases
  • Representation of Four Grandparents in Minnesota’s First Quad-Parenting Adoption
  • Representation of Client in Minnesota’s First Same-Sex Divorce
Bar Admissions
  • Minnesota State Bar, 2000
  • US District Court – District of Minnesota, 2002
Education
  • William Mitchell College of Law, 2000
  • Minnesota State University, Mankato, 1997
Joined Firm
  • 2003
Professional Associations & Activities
  • Minnesota State Bar Association
  • Presenter, Various CLE Courses
  • Monthly Columnist, Minnesota Lawyer Newspaper