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Maryland Military Pension Benefits

Military pension division in divorce is a complex area that requires careful planning and attention to detail. For a former spouse to receive direct payments from DFAS, the pension division order must meet strict requirements under the Uniformed Services Former Spouses’ Protection Act (USFSPA), including specific language regarding High-3 pay, creditable service, and the 10/10 rule. Additionally, the order must comply with the Servicemembers Civil Relief Act (SCRA) and be free of ambiguity to avoid delays or rejections. Choosing the right division method, such as a percentage, fixed dollar amount, or hypothetical award, is also essential to secure a fair outcome. To learn more about military pension issues, explore the topics in the drop-down boxes below or schedule a consultation for personalized advice.

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If you are considering divorce and need to understand how military pensions will be divided, it’s essential to work with a law firm that fully grasps the complexities of military divorce. Military pensions are governed by both state laws and the Uniformed Services Former Spouses’ Protection Act (USFSPA), making it easy to make mistakes that could cost you significantly in the long run. At our firm, led by former JAG attorneys, we specialize in protecting your interests, whether you are seeking a fair share of military retirement pay or looking to safeguard your pension from excessive claims. Our deep knowledge of military-specific legal issues ensures that your case is handled with the expertise it deserves. To learn more about dividing a military pension click the link below. Schedule a consultation to receive specific advice about your situation.

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Understanding the Uniformed Services Former Spouses’ Protection Act (USFSPA) is crucial for anyone going through a military divorce. This federal law allows state courts to divide military retirement benefits, but the rules are complex. For example, “disposable retirement pay” excludes certain types of compensation, and only states with proper jurisdiction can issue orders dividing military pensions. The 10/10 rule—requiring 10 years of marriage overlapping with 10 years of service—determines eligibility for direct payments from DFAS. Our firm, led by former JAG attorneys, is well-versed in the unique aspects of USFSPA and can help you navigate these challenges to protect your financial future. To learn more about the USFSPA, click the link below. Schedule a consultation to get specific advice in your case.

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Military disability pay can significantly impact former spouse benefits in a divorce, making it a complex area to navigate. When a service member opts to waive a portion of their retirement pay to receive disability compensation, it can reduce the disposable retirement pay available for division. Unlike retirement pay, disability compensation is exempt from division under the Uniformed Services Former Spouses’ Protection Act (USFSPA). Laws like Concurrent Retirement and Disability Pay (CRDP) can help restore some retirement pay, but it’s not guaranteed. Furthermore, agreements to indemnify a former spouse for lost retirement pay due to disability waivers are generally unenforceable, leaving former spouses at risk. At our firm, led by former JAG attorneys, we have the experience to help you navigate these intricate laws and protect your financial interests. To learn more general Informa about the impact of military disability on former spouse benefits click the link below or schedule a consultation for case specific advice.

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Securing the Military Survivor Benefit Plan (SBP) after divorce requires careful attention to detail and adherence to specific rules. To maintain eligibility, a former spouse must file for SBP coverage within one year of the divorce, and remarriage before age 55 can terminate eligibility for benefits. Additionally, the cost of SBP is deducted from retirement pay, making it essential to assess the financial impact. Without proper planning, a former spouse risks losing these important protections. Our firm, staffed with former JAG attorneys, understands the critical deadlines and nuances of the SBP and can help ensure you don’t miss out on vital benefits. To learn more about the SBP click the link below or schedule a consultation to get specific advice for your situation.

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In a military divorce, the work isn’t finished when the divorce is finalized—securing your share of the military pension still requires a military pension division order approved by DFAS. To ensure you receive direct payments, the order must be carefully drafted with specific language required under the Uniformed Services Former Spouses’ Protection Act (USFSPA). This includes detailing the High-3 (the average of the highest 36 months of pay) and the service member’s creditable service. If you meet the 10/10 rule (10 years of marriage overlapping with 10 years of service), DFAS will make direct payments to you. Our former JAG attorneys specialize in military divorce and will ensure your pension division order is submitted correctly to DFAS. Click the link below to learn more or schedule a consultation to get specific advice for your situation.

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