How Do State Courts Determine How To Divide The Retirement?

In community property states and many of the other states, a cut and dried formula is used when the member has already retired. But for an active duty member, there may be no state law that specifies how the award is to be calculated.

Depending on who was to receive the larger award, there are at least twelve arguably fair methods of calculating the former spouse`s share. All would be acceptable under the FSPA!

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

Additional Military Divorce Articles

Search LawInfo's Military Divorce Resources