Helpful Military Pensions Law Information

Military Pension

Florida may divide a military pension if the service person is domiciled in Florida, has his/her home of record in Florida, or consents to Florida dividing the pension. The portion of the military pension plan that the spouse who is not in the service may receive depends on multiple factors like the length of military service, the length of the marriage, other pensions and the overall value of the marital estate. The effect of service in the reserves on the pension amount and marital portion of the pension can be especially difficult to calculate. The ten-year rule is one of the most misunderstood parts of the federal law. Simply stated, the spouse will recieve direct payment by DFAS if the marriage was at least 10 years during the course of active military service.

Timing of the divorce may be critical for enforcement of pension rights. The Survivor Benefit Plan is a completed choice that initially must be made at the time of retirement. It is expensive and may or may not be the best option. It is also possible to enroll in the Plan subsequent to retirement. Make sure that your lawyer understands the implications of the Survivor Benefit Plan in your divorce before making an irrevocable decision.

There are other military benefits, a spouse married to a service person for more than 20 years during the course of active military service has rights to health care and other ancillary rights like base access and a military ID card.


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