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How to Divide a Military Pension in a North Carolina Divorce

If you or your spouse is a part of the military, he or she is probably receiving a pension from the government. Many times this pension is divided when a married couple determines that it is time to divorce. This can be challenging when it comes to military payments. Oftentimes military divorces are more difficult to settle than those with two nonmilitary members. Usually the military pension is worth a lot of money in monthly installments, and is guaranteed for the rest of the military spouse’s life. According to the Wall Street Journal, it is crucial to seek counsel from a divorce attorney that specializes in military cases when you are trying to divide this pension, because of the amount of money involved.

If a military spouse is stationed at a base in North Carolina, and the divorce is filed there, things can get complicated. The military spouse might be the legal resident of a different state, and in some cases an estranged spouse is in a third state. If forms are not filled out correctly, then the nonmilitary spouse may lose his or her portion of the retirement pension because of the various states involved in the divorce. The pension will also be divided depending on how long the couple has been married.

If you have been with your husband or wife for over 10 years, then he or she will get a portion of your military benefits directly from the government. If you have been married for less time than this, then the government won’t mandate a share in the retirement pension. Your spouse may still try to obtain this money through the divorce settlement in the form of spousal support. Military pensions also have to do with a complex mix of state and federal regulations, so you will need help from an informed and reliable family law attorney to make sure that things work well in your case.

According to US Politics, the amount of military divorces has been on the ascent. Recently, a study showed that the amount of divorces has gone form 2.6 percent in 2001 to 3.7 percent in 2011 when it comes to military families. Of those who were in the Air Force, 5 percent of all members’ marriages ended in divorce. The overall rate of divorce in this army branch is the highest that it has been in 20 years. The divorce rates in the Navy and Army are at their highest since 2004 and 3.8 percent of all Marines get a divorce from their spouse. If you need legal help with your military divorce, then talk to a lawyer at Hopper, Hopper & Mulligan, PLLC today!

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