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Military Divorce Division of Military Retirement A servicemember's military pension is often the most valuable
asset in a divorce. Since it is an asset, Divorce courts can divide military
retirements just like any other marital asset, so each spouse should know how
the divorce courts will handle the division of military pensions, VA Disability,
and issues concerning the Survivor Benefit Plan (SBP). Each military service has a regulation requiring its service members to support family members upon separation, in the absence of an agreement or court order. Once a court orders support, or the parties enter into a separation agreement, the military follows the order or agreement. Former
Spouse Military Benefits Upon obtaining a divorce, the former spouse of a service member has a
right to receive military benefits so long as he/she meets certain criteria. As
the benefits are statutory entitlements, they are automatic and not subject to
negotiation or deviation by a divorce court. In other words, the spouse will
receive these benefits, even if they are not mentioned in the divorce decree or
marital settlement agreement. Military Divorce Frequently Asked Questions Commonly asked questions about Military Divorce gathered from a variety of JAG and Military Sources.
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