{"id":1429,"date":"2025-09-30T09:44:42","date_gmt":"2025-09-30T09:44:42","guid":{"rendered":"https:\/\/www.patriotslaw.com\/family-law\/?p=1429"},"modified":"2025-09-30T09:44:44","modified_gmt":"2025-09-30T09:44:44","slug":"how-maryland-courts-divide-military-pensions-and-benefits-in-divorce","status":"publish","type":"post","link":"https:\/\/www.patriotslaw.com\/family-law\/how-maryland-courts-divide-military-pensions-and-benefits-in-divorce\/","title":{"rendered":"How Maryland Courts Divide Military Pensions and Benefits in Divorce"},"content":{"rendered":"\n

When a couple gets divorced, they must split their marital property, which usually includes all assets acquired during the marriage. A spouse who served in the military may have pensions and benefits that qualify as marital property. However, Maryland divorce courts<\/a> must contend with unique laws and legal circumstances when dividing military pensions or benefits. Understanding the unique rules for dividing military pensions and benefits can help you protect your financial interests in a divorce. <\/p>\n\n\n\n

Understanding the Uniformed Services Former Spouses\u2019 Protection Act<\/h2>\n\n\n\n

The division of many military pensions and benefits for current and former servicemembers in divorce must comply with the requirements of the Uniformed Services Former Spouses\u2019 Protection Act<\/a>, which permits state courts to award a portion of a servicemember\u2019s retirement pay or other eligible benefits to a former spouse. The Act also limits courts to awarding no more than 50 percent of a servicemember\u2019s pension or retirement pay to a former spouse, unless a servicemember also has child support or alimony obligations. <\/p>\n\n\n\n

Division of Military Pensions in Maryland<\/h2>\n\n\n\n

As an \u201cequitable distribution\u201d state, Maryland divides marital assets fairly between spouses in divorce. A \u201cfair\u201d division does not always mean an equal division. Maryland considers military pensions earned during marriage as a marital asset subject to division. A court may award the non-servicemember spouse a percentage of the servicemember\u2019s pension, proportional to the years of service that occurred during the marriage. Less commonly, a court may award a spouse a fixed dollar amount from a military pension. <\/p>\n\n\n\n

The Defense Financial and Accounting Service, which manages military pensions, may make direct payments of pension benefits to a non-servicemember spouse if their marriage lasted at least ten years, overlapping with at least ten years of the veteran\u2019s service. <\/p>\n\n\n\n

Other Military Benefits in Divorce<\/h2>\n\n\n\n

Other military benefits that may become part of a divorce proceeding include:<\/p>\n\n\n\n