Military Retirement - Divorce implications in Colorado

Military Retirement Benefits

Mlitary divorce cases are probably one of the most hotly contested of all the various divorces. This is due to several reasons, not the least of which is the great retirment package that accrues to military personell and their spouses. Of course, other complications exist as well such as jurisdiction problems which we'll discuss in a later article.

The calculation of military retirement benefits is a complicated one involving three different schemes depending on how long a person has been a member of the service. This is exacerbated by the fact that congress sometimes changes the laws as it did in 2007 relating to the caps on the percentage of the basic pay that can be allocated as a pension.

How it affects Military Divorce

During the divorce of a military personell, the court needs to decide how to (if at all) split his or her retirement benefits as part of the divorce settlement. The laws give the courts the power to treat the military retirement benefits as marital property to be divided if the courts think it fit. The Uniform Services Former Spouse’s Protection Act (USFSPA) provides the legal framework for this concept and also brings the Department of Defence into the loop by creating an enforcement provision.

According the Colorado revised statutes on the Disposition of Property under Title 14 Article 10 Section 13, all the disposable portion of the marital share of the military retirement pay is subject to being classified as marital property with the exception of disability pay. However, there are provisions in the laws that state there is an upper limit to the percentage of military retirement pay that can be disbursed to the spouse, and that this cannot be exceeded even if there is more than one divorce.

It's important to note that the "marital share" of the retired pay is only that amount that accrues during the marriage. Meaning that any retirement pay that's a result of time spent unmarried belongs to the service member alone. The proportion of time spent married to the time spent alone while in service is the extent of the marital share of the retirement pay.

Hiring Experienced Military Divorce Lawyers

Since the amount of retirement pay awarded to the spouse isn't set in stone, it's important to have a competent military divorce lawyer who can ensure a settlement that is of maximum benefit to you. Contact our experienced Clawson attorneys for a consultation to find out how we can help you get a favourable verdict.