Military Divorce and Benefits Division

Although the process surrounding the divorce of military personnel is no different than that faced by civilians, several factors surrounding military employment can make the process more difficult and time consuming. To name just a few: military pensions, health insurance coverage, gross income calculations and the federal regulations determining the benefits to divorced spouses. Whether you are a member of the military or the spouse of a service member, you can depend on our attorneys’ years of in-depth experience to represent your interests and rights under both federal and state laws.

Dividing the Property

Along with the normal Virginia property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.

The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.

Child Support and Spousal Support

In Virginia, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Virginia child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.

For these reasons, you need someone who understands the ins and outs of a military divorce in the Commonwealth of Virginia. Mahoney Nashatka Richmond has traveled down this road many times, and will work diligently to get the best results for our clients.