Military Divorces in Virginia
Military divorces can present unique challenges. Therefore it is imperative you select attorneys who are knowledgeable with the specific requirements, exceptions and benefits that come with military divorces. For example, determining which state to file a divorce action can be difficult given the unique domicile and residency exceptions most military members and their families have. Filing in the state in which the military member resides is important because only that state has the power to divide the military pension in the event of a divorce, unless the military member consents to jurisdiction. Visit our page on divorce in Virginia for more information on the divorce process in the state.
In Virginia, the benefits at issue in a military divorce include such things as entitlement to health insurance, continuance of coverage under the Servicemembers Guaranteed Life Insurance policy, and military pensions and thrift savings plan accounts. will likely be considered marital property subject to division in the divorce. In dividing the military pension, there are many issues to consider such as do the spouses meet the 10-10, 20-15, or 20-20 rule for these benefits.
The Survivor Benefit Plan (SBP) created by the military ensures that the surviving non-military spouse gets 55% of the non-surviving military spouse. Be aware that a military member can decide to give the SBP to the spouse they are divorcing or withhold it for a potential future spouse.
Learn more about our Military Retirement page for more details about military pensions.
Let a Skilled Retirement Lawyer Help
Virginia has a specific laws addressing a variety of matters like disability retirement or military retirement. If you have legal concerns or questions about a particular retirement issue or order in the state, consult an experienced pensions attorney in Virginia for legal advice.