Tysons Corner 703-291-0492
Laytonsville 301-825-9629
Washington, D.C. 301-825-9629
Eastern Shore/Tidewater 301-825-9629

Military pay, benefits and ex-spouses

There are many advantages that Virginia residents can take from offering their service to the United States military. Aside from excellent training and experience, service members can retire from their military careers with substantial pensions and good benefits for themselves and their family members. However, when a service member and their spouse choose to divorce, it can be hard to know just what will happen with the financial and benefits-based perks a service member collects from their branch of the military.

When civilians divorce, the assets and wealth that the parties earned during their marriage are considered marital and subject to division by the divorce court. This is generally the same for military couples, thanks in part to the laws of the state where the couple secures their divorce and the Uniformed Services Former Spouses Protection Act.

The USFSPA makes divisible certain military benefits between spouses when the couple has been married for a requisite number of years. For example, a non-military spouse of a service member may be entitled to some of the service member's military pay if the couple was married for at least ten years and the service member performed at least ten years of qualifying service.

Also, under the USFSPA, a spouse can continue to collect other benefits, such as health care and commissary, if their marriage lasted at least 20 years and their service member spouse performed at least 20 years of qualifying service. Knowing how to divide military pay and benefits during a divorce can be complex, but, with the help of a knowledgeable military divorce attorney, a service member can make good decisions about how to successfully and responsibly end their marriage.

No Comments

Leave a comment
Comment Information

Learn How We Can Help You

Schedule Your Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Vienna Office
1950 Old Gallows Road Suite 700
Vienna, VA 22182

Phone: 703-291-0492
Fax: 703-902-9501
Vienna Law Office Map

Washington Office
1020 19th St. NW
Suite 510
Washington, District of Columbia 20036

Phone: 301-825-9629
Map & Directions

Laytonsville Office
5515 Riggs Road
Laytonsville, MD 20882

Phone: 301-825-9629
Laytonsville Law Office Map

Exmore Office
7187 Kelly Cove Road
Exmore, VA 23350

Map & Directions

Back To Top