Military Retirement and Divorce in Georgia

Military retirement benefits are an important aspect of a service member’s compensation package. These benefits are often a significant asset that needs to be considered in divorce cases involving military personnel. In Georgia, military retirement benefits are subject to both state and federal laws, making it essential to work with a lawyer who has experience in handling military divorce cases. This post will provide an overview of military retirement benefits and how they factor into divorce cases in Georgia.

What is Military Retirement?

Military retirement is a type of pension that provides ongoing financial support to service members who have completed a certain number of years of service. In general, service members are eligible for retirement benefits after serving for at least 20 years. Military retirement benefits are funded by the Department of Defense and are paid out as a monthly annuity.

How Do Military Retirement Benefits Factor into Divorce Cases?

In a divorce case, military retirement benefits are considered marital property and are subject to division between the spouses. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts have the authority to divide military pensions as part of a divorce settlement. This includes military retirement benefits.

The division of military retirement benefits in a divorce case can be a complex process. It is essential to work with a lawyer who has experience in handling military divorce cases and can help you navigate the legal process with confidence.

How is the Division of Military Retirement Benefits Determined in a Divorce Case?

The division of military retirement benefits in a divorce case is typically determined by the court based on the specific circumstances of the case. In Georgia, the court will consider several factors when dividing marital property, including the length of the marriage, the income and earning potential of each spouse, and the contribution of each spouse to the marital estate.

Under the USFSPA, the court can divide military retirement benefits between the spouses in a divorce settlement. The court can divide the benefits as a percentage of the total value of the benefits or as a fixed dollar amount.

It is important to work with a lawyer who can help you negotiate a fair and equitable divorce settlement that considers all of the factors involved in your case, including military retirement benefits.

Can a Former Spouse Receive a Portion of a Service Member’s Military Retirement Benefits After Remarriage?

Under the USFSPA, a former spouse can receive a portion of a service member’s military retirement benefits even after they remarry. The former spouse’s right to receive a portion of the benefits is established by a court order or divorce settlement agreement.

However, if the former spouse remarries before age 55, they may lose their right to receive a portion of the benefits if they remarry. If the former spouse’s remarriage ends due to divorce, death, or annulment, they may be eligible to receive a portion of the benefits again.

Working with a lawyer who can advise you on the specific rules and regulations related to military retirement benefits and other military benefits in divorce cases is essential.

The Help You Need

Military retirement benefits are an important aspect of a service member’s compensation package and need to be considered in divorce cases involving military personnel. Under the USFSPA, state courts have the authority to divide military pensions as part of a divorce settlement, including military retirement benefits. The division of military retirement benefits in a divorce case can be a complex process, and it is essential to work with a lawyer who has experience in handling military divorce cases.

At The Nye Law Group, we have a team of skilled and experienced military divorce attorneys who can help guide you through the legal process and protect your legal rights. We understand the unique challenges of military divorce cases and are committed to helping our clients achieve a fair and equitable settlement. Call us today at (912) 207-7068 or use our online contact form to schedule a consultation and learn more about how we can help you with your military divorce case.