Founding Attorney and Mediator at San Diego Divorce Mediation & Family Law
Answered 2 years ago
As a Certified Divorce Financial Analyst and Family Law Attorney in San Diego, CA, I help facilitate divorce settlements for many active duty military families. The most valuable assets in these cases are often the military pension. During a recent divorce matter, the parties had agreed that the non-military (NM) spouse would receive 37% of the military pension. The military member (MM) was scheduled to retire in November and the divorce would be final about 9 months before retirement unless we took steps to delay. The final date of dissolution mattered due to a complex military pension regulation which states that the pension amount due to NM spouse is based on the final date of divorce. And so 37% for the NM spouse would be based on benefits as of the divorce being final. If the divorce were final after retirement in November, the 37% for NM spouse would increase such that this person would receive thousand of dollars more per year and based on an actuarial table more than $100,000 over the course of the lifetime. My knowledge of military regulation and divorce finances helped prevent an unintended shortfall to the non-military spouse and both parties were grateful for the level of expertise provided.