Divorce is a challenge in its own right, but when military service is a factor, there are other streams of income and financial matters that must be attended to. If you or your spouse are serving, or have served, it’s normal to wonder how pensions and disability benefits will be handled during the process. At Rinehart Bryant, we’ve worked closely with service members and military families for 17 years, helping them move forward with clarity and confidence that they get the best outcome for themselves and their loved ones.
Military Pension Split During a Virginia Divorce
A military pension is often a significant asset in a divorce, and Virginia law allows it to be divided with certain limitations. Only the portion of the pension actually earned during the marriage is considered marital property. That means if someone served for two decades but was only married for half that time, only those ten years would be factored into the split.
Courts look at how long the marriage and military service overlapped, and divide that portion as part of the final agreement. Retirement income from the military is taxable and often continues for life, which makes it one of the most valuable parts of a long-term marriage where one or both of the spouses served.
One rumor that causes confusion is the so-called “10/10” myth. Many believe that unless the marriage lasted at least ten years during active service, the non-military spouse gets nothing. That’s not true. The court can still award a portion of the pension. What the 10/10 rule actually refers to is whether the Defense Finance and Accounting Service (DFAS) will send payments directly to the former spouse, not whether the spouse is entitled to anything.
How Does My Pension Impact Child or Spousal Support (Alimony)?
When it comes to calculating child support or spousal support, military retirement pay is included in a person’s gross income. That income is used to figure out how much child support or spousal support might be owed under Virginia law.
If you receive a military pension, that income could affect the amount you’re expected to contribute to support your children or an ex-spouse. The same applies in reverse. If your spouse is the one receiving a pension, the court will look at their ability to provide support or whether you may need support based on your own financial circumstances.
Support calculations don’t rely on a single factor. The court considers income, expenses, and what each party needs to maintain some level of financial stability after the divorce. Pension income (particularly when it’s consistent) can shift the outcome in support matters more than some expect.
Can Military Disability Pay Be Included?
Military disability pay is not divided as part of the marital estate, but that doesn’t mean it’s completely written off. Its impact shows up in other ways.
For those rated 50% or more disabled, disability pay does not reduce the pension amount. That means a person may receive both their full retirement pay and a separate disability benefit, often tax-free. Even though the court won’t split up disability payments directly, the extra money in a person’s hands can affect how other property gets divided or how much support they’re expected to provide.
Disability benefits also reduce the total pool of shared income in some cases, especially if a portion of the retirement pay is waived to receive the non-taxable benefit instead. Every case is different, and the effect of disability pay often comes down to the bigger picture of available resources, expenses, and the roles each spouse played during the marriage.
Representing Virginia Military Families with Pride and Expedience
We’ve helped military families in Stafford, Spotsylvania, and the surrounding areas for nearly two decades. We see the stress service members and their spouses carry when divorce enters the picture. Your life isn’t typical as you serve our country, and you need legal representation that reflects your reality. Let us help you secure a fair outcome that protects your rights and financial future. Contact Rinehart Bryant to get the guidance you need from a team who respects your service and understands the law.
Rinehart Bryant, PLLC
