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Dividing Military Retirement

Joseph A. DeWoskin, P.C. May 7, 2024

Hands of male soldier taking off his wedding ringServing in the military comes with a unique set of honors and challenges, one of which is the potential difficulty of a military divorce. Within the rigorous legal process of divorce, one particularly tricky chapter often unfolds: the division of military retirement.  

This critical asset is not merely a testament to a military member's years of service—it is a shared construct of labor, sacrifice, and dedication, often interwoven with the significant milestones of a family's life. 

Attorney DeWoskin is well-versed in the legal complications of military divorce and can guide you through the process with compassion, empathy, and a comprehensive understanding of both state and federal laws. As you face this challenging time in your life, it’s essential to have a knowledgeable lawyer by your side who can protect your rights and ensure a fair division of assets.  

Reach out to Joseph A. DeWoskin, P.C. if you're in Kansas City, Johnson County, Leavenworth County, or Wyandotte County in Kansas, or in Jackson County, Cass County, Clay County, or Platte County in Missouri. 

Overview of Military Retirement Protection

The Uniformed Services Former Spouses' Protection Act (USFSPA) plays a pivotal role in safeguarding retirement benefits for former military spouses. It provides state courts with the authority to consider military retirement pay as property, separate from other forms of payment and division of assets in divorce settlements.  

The implications of this act are far-reaching, establishing a framework for just and equitable sharing of military retirement that resonates with the shared values of our nation's military community. 

Attorney DeWoskin, with his distinguished legal know-how and dedication to service members, understands the ins and outs of the USFSPA and its application in your case. His experience allows him to translate the complicated legalese into actionable advice, ensuring that you or your spouse receive the fair treatment that the law prescribes. 

Factors Influencing Division

When it comes to dividing military retirement, there is no one-size-fits-all solution. A multitude of factors must be carefully weighed to determine what is fair and equitable. The length of service and the total duration of the marriage are paramount. They form the cornerstones of the calculation, often directing the course of the retirement division. 

Attorney DeWoskin, drawing on his vast experience, can explain the nuances of these key factors. Perhaps your circumstances highlight the '20/20/20 Rule,' allowing for the continuation of military benefits to the former spouse—a matter not to be taken lightly. Or maybe the details of your case underscore the significance of the '20/20/15 Rule,' presenting a nuanced challenge to be handled with precision.  

Through his unique perspective, Attorney DeWoskin can offer sound guidance to procure a just evaluation of your military retirement. 

Retain Skilled Counsel for the Legal Process

In the military retirement division, strategy is everything. Seek the counsel of an experienced attorney, one versed in family law and military divorce. Attorney DeWoskin's knowledge will be invaluable in formulating a strategy that safeguards your interests effectively. 

Collaborating with a qualified lawyer, you can efficiently prepare for the negotiation or litigation ahead, ensuring that every aspect of your case is thoroughly addressed. Financial planning also emerges as a critical component of the process; by partnering with a seasoned attorney, you establish a firm financial footing for your post-divorce life. 

Protecting Your Proceeds and Planning for the Future

Preparing for the division of military retirement calls for foresight and proactive planning. Attorney DeWoskin empowers you with the practical know-how to protect your proceeds and plan for your future.  

Whether you are the service member or the spouse, it is crucial to maintain financial documentation and, if necessary, seek professional assistance to assess the implications of different processes on your retirement plan. 

For Military Personnel 

For the service member, addressing the division of military retirement head-on is essential. Proactive engagement and a thorough understanding of the process will not only facilitate the legal proceedings but also empower you to prepare your finances and emotions for the transition ahead. 

For Spouses and Couples

For the military spouse entering the negotiation, clarity and education are key. Understanding your rights, the role of the USFSPA, and the applicable state laws sets the stage for a fair and dignified resolution. By approaching the division with knowledge, you assert your agency and secure a future that reflects the value of your contribution to the marriage. 

Military Divorce Attorney Serving Kansas City, Kansas 

Dividing military retirement in a divorce marks a significant milestone. In choosing to move forward with the guidance of Attorney DeWoskin, you honor your past and prepare your family for the future. Contact Joseph A. DeWoskin, P.C. today for skilled legal counsel that prioritizes your security and respects your service.