Division of Military Pension in Divorce

Texas Divorce Lawyer Explains How it Works

Video Transcript:

Rob Rosenthal:

Do you know how military pension is divided in a divorce? We're asking Austin lawyer Jillian French for this Ask the Lawyers Quick Question.

Jillian French:

Military pensions have recently undergone some changes. There is the legacy system, which everyone is familiar with, where you have to serve 20 years and then you get military retirement once you complete your 20 years of service. There is a new system that was rolled out called the Blended Retirement System, and it's intended to be more like civilian plans where you can contribute to it, you can get cash out before the 20 years, so if you happen to retire before 20 years, you don't just walk away with nothing. In this different situation, the actual pension part is calculated the same and that you're looking at what were the months of marriage, will and service over the total months of service at the time of the divorce. The blended retirement system just has an extra component of some potential cash value or something that they're gonna be entitled to sooner than the 20 years, which would also need to be part of that calculation.

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