Military pensions often count as marital property, which means they are subject to division during a divorce. The need to divide military pensions can complicate an already complex divorce process.
However, the Uniformed Services Former Spouses’ Protection Act and Oklahoma state law both carefully outline how this division works. Fully understanding these regulations will help you know what to expect during your military divorce.
What the law says about military pensions
The USFSPA allows state courts to treat military pensions as property rather than income. In Oklahoma, courts can divide military pensions as part of the marital estate. The amount a spouse may receive depends on how long the marriage lasted and the service member’s time in the military during the marriage. For example, if the couple was together for 10 years or more while the service member was on active duty, this entitles the spouse to a portion of the pension.
Oklahoma’s equitable distribution system
Oklahoma uses the “equitable distribution” method to divide assets in a divorce. Equitable does not mean equal but instead strives for fairness. A court will consider many factors, such as the length of the marriage, the needs of both parties and each person’s financial situation. Military pensions are often a key asset in these discussions, but they are not automatically split 50/50.
The 10/10 rule of military divorces
If the marriage lasted at least 10 years and the service member served 10 years or more during that time, the non-military spouse can receive their portion of the pension directly from the Defense Finance and Accounting Service. If the marriage does not meet this rule, the military member will have to pay their former spouse directly.
There are many factors at work in a military divorce, and so there are several ways that a military pension might divide. Understanding how federal and state laws apply to military pensions can help ensure a fair division of assets during the divorce.