Can ex wife claim my military pension years after divorce?

Can Ex-Wife Claim My Military Pension Years After Divorce?

When it comes to divorce, there are many factors to consider, including property division, alimony, and child custody. One important aspect that is often overlooked is the military pension. If you are a military veteran, your ex-spouse may be entitled to a portion of your military pension, even years after the divorce. In this article, we will explore the rules and regulations surrounding military pensions and divorce, and provide guidance on how to protect your hard-earned benefits.

The Basics of Military Pensions

A military pension is a type of retirement income that is paid to eligible military personnel for their service. The amount of the pension is based on the individual’s length of service, rank, and other factors. There are two types of military pensions: retired pay and disability pay.

• Retired Pay: This is the standard pension paid to military personnel who have completed their required years of service.
• Disability Pay: This is a pension paid to military personnel who have been injured or disabled during their service.

How Does Divorce Affect Military Pensions?

When a military member divorces, their spouse may be entitled to a portion of their military pension, known as survivor benefits. These benefits are designed to provide financial support to the ex-spouse in the event of the military member’s death.

• 10-Year Rule: To be eligible for survivor benefits, the military member must have been married to their ex-spouse for at least 10 years.
• 20/20/20 Rule: To be eligible for full survivor benefits, the military member must have been married to their ex-spouse for at least 20 years, and the ex-spouse must have been a member of the household for at least 20 years.

Can Ex-Wife Claim My Military Pension Years After Divorce?

In some cases, an ex-spouse may be able to claim a portion of a military pension years after the divorce. This is known as divorce court modification. If the ex-spouse is able to prove that they are in need of financial support, the court may modify the original divorce decree to award them a portion of the military pension.

• Circumstances for Modification: The court may consider the following circumstances when deciding whether to modify the divorce decree:

  • Changes in the ex-spouse’s financial situation
  • Changes in the military member’s financial situation
  • The ex-spouse’s age and health

How to Protect Your Military Pension

If you are a military veteran and are concerned about your ex-spouse claiming a portion of your military pension, there are steps you can take to protect your benefits:

• Pension Protection: Consider working with a financial advisor to partition your pension, which means dividing it into two separate accounts.
• Divorce Decree Modification: If you have already divorced, consider seeking a modification to the original divorce decree to exclude your ex-spouse from receiving a portion of your military pension.
• Social Security Benefits: Consider claiming your Social Security benefits, which may provide a more stable source of income for your ex-spouse.

Table: Military Pension Divorce Laws by State

Conclusion

In conclusion, an ex-spouse may be able to claim a portion of a military pension years after the divorce, but it is not automatic. The court must consider the specific circumstances of the case and determine whether modification of the original divorce decree is warranted. To protect your military pension, consider working with a financial advisor, partitioning your pension, or seeking a modification to the original divorce decree. By understanding the rules and regulations surrounding military pensions and divorce, you can ensure that your hard-earned benefits are protected.