What Happens to Your Military Retirement Pay in Divorce?

The treatment of your military pension in divorce is governed by the federal Uniformed Services Former Spouses’ Protection Act (“USFSPA”), in addition to state divorce law. The USFSPA authorizes states to divide between the military member and the member’s spouse what it calls “disposable retired pay” in divorce. According to the USFSPA, Husband’s disposable retired pay is the gross amount of retired pay that he will receive based on his total years of service up until the date of separation. (This includes retirement pay that was accrued prior to the marriage). However, the USFSPA excludes specific deductions from disposable retired pay, such as amounts of retired pay waived to receive disability benefits and the premium for survivor benefit plan coverage. Pennsylvania classifies disposable retired pay as marital property that is subject to equitable distribution. Morgante v. Morgante, 2015 PA Super 145, 119 A.3d 382, 387 (Pa.Super. 2015). However, the USFSPA limits direct government payments to former spouses to fifty percent of disposable retired pay. Thus, your disposable retired pay can be distributed to your former spouse in divorce, but the amount distributed to your spouse by the government cannot exceed fifty percent of your disposable retired pay.

If you have any questions or concerns about the treatment of a military pension in divorce, do not hesitate to contact Scaringi Law at 717-657-7770.