Understanding Property Division In A Military Divorce

Understanding Property Division in a Military Divorce: What You Need to Know

Divorce can be an emotionally and financially challenging process, and one of the most complex aspects is the division of property. For military families, this process becomes even more complicated due to military-specific benefits and entitlements. In this blog, we’ll break down the two primary systems for dividing property in a divorce—equitable distribution and community property—and provide an in-depth look at how property division works in Maryland, Virginia, Texas, and Washington, D.C.. We’ll also explore how military benefits are handled during a divorce, emphasizing the importance of working with a skilled legal team that understands both family and military law.

At our firm, which is veteran-owned and operated, we assign a former military JAG attorney to every military divorce case, ensuring that no military-specific issue is overlooked or mishandled. This level of experience is vital to ensuring the protection of your rights and benefits. Read more below to get generalized information about the particular legal aspects Maryland, Virginia, D.C. and Texas.

Equitable Distribution: Maryland, Virginia, and D.C.

In equitable distribution states, marital property is divided based on what the court deems fair, but not necessarily equal. Courts take into account several factors, including the length of the marriage, the contributions of each spouse (financial and non-financial), the health and age of each spouse, and the future earning potential of both parties. This is the system used in Maryland, Virginia, and Washington, D.C.

Maryland:

Maryland follows the equitable distribution method, meaning property is divided fairly, but not necessarily 50/50. The court first identifies which assets are considered marital property versus separate property. Marital property includes most assets and debts acquired during the marriage, regardless of who holds the title. Maryland courts consider factors such as contributions to the family's well-being, the length of the marriage, and the economic circumstances of each party. In military divorces, this includes dividing military retirement benefits and other service-related entitlements according to federal laws like the Uniformed Services Former Spouses' Protection Act (USFSPA)​.

Virginia:

Virginia also uses the equitable distribution model. Courts here aim to distribute marital property in a way that is fair, taking into account factors such as how each spouse contributed to the acquisition of property, non-monetary contributions, and the duration of the marriage. In military divorces, Virginia courts will handle military pensions and benefits according to federal and state guidelines. The Survivor Benefit Plan (SBP), military housing allowances, and health care benefits are all factors that must be considered in addition to traditional assets​.

Washington, D.C.:

Washington, D.C., like Maryland and Virginia, follows the equitable distribution system. The court will divide marital property based on what it determines to be just, considering factors like the needs of both spouses and their financial situations. Military benefits, including retirement pay, are also divided under the federal USFSPA, and D.C. courts have experience in applying these laws to ensure fair distribution​.

Community Property: Texas

Unlike Maryland, Virginia, and D.C., Texas is a community property state. In community property states, any assets or debts acquired during the marriage are considered jointly owned and are typically divided 50/50 upon divorce.

In Texas, courts generally divide marital property equally, but they may adjust the division based on factors like fault in the breakdown of the marriage, the earning potential of each spouse, and the needs of any children. For military families, Texas courts will consider the same military benefits—such as retirement pensions and health care benefits—during property division. However, because of Texas’ community property laws, these benefits may be split more strictly than in equitable distribution states. Military pensions, governed by the USFSPA, are subject to division, but only the portion earned during the marriage is considered community property.

The Complexity of Military Benefits in Divorce

For military families, property division becomes more complicated because of the inclusion of military-specific benefits such as retirement pensions, the Survivor Benefit Plan (SBP), Thrift Savings Plan (TSP), and military health care. These benefits are governed by federal law, particularly the USFSPA, which allows state courts to treat military retirement pay as marital property subject to division. However, the complexities don’t end there:

• Military pensions can be a large asset in a divorce, but only the portion earned during the marriage is subject to division.
• Survivor Benefit Plan (SBP) coverage is a crucial issue in military divorces, ensuring continued benefits for the spouse after the service member’s death, but can be a source of contention if not properly addressed during negotiations.
• Thrift Savings Plan (TSP), similar to a 401(k), may also be subject to division, but military families often need specialized advice to ensure they don’t lose out on this valuable asset.
• Military health care benefits such as TRICARE can be essential for spouses and children, and proper attention must be paid to who retains coverage after the divorce.

If these benefits are not handled carefully, the non-military spouse risks losing substantial financial support. This is why working with an attorney experienced in both military and family law is crucial.

Why Choose Our Firm for Your Military Divorce

At our veteran-owned law firm, every military divorce case is handled by a former military JAG attorney. This ensures that all military-specific issues, such as benefit entitlements, pensions, and SBP, are fully understood and carefully managed. Our firm stands out for its deep understanding of both the legal and military systems, making us uniquely positioned to protect your rights during a divorce.

We know that military life adds complexity to divorce proceedings, and we are committed to safeguarding your interests, whether you're the service member or the spouse. From protecting your benefits to ensuring a fair division of property, we are here to guide you through the process.

Conclusion

Navigating the division of property in a divorce is a complex process that becomes even more challenging for military families due to the intricacies of military benefits. Whether you’re in Maryland, Virginia, Washington, D.C., or Texas, working with an experienced legal team is essential to ensure that your rights are protected and that you receive the benefits you're entitled to. At our firm, we provide dedicated legal representation with a unique understanding of military-specific issues, ensuring nothing is overlooked.

Ready to learn more or discuss your case with a former military JAG attorney? Contact us today to schedule a consultation by calling 301-952-9000 or using our online schedule link (CLICK HERE).

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For specific legal advice, please contact an attorney directly.