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After retirement, the couple separates, and divorces.In this case, 16 of the service member’s 20 years on active duty occurred during the marriage and before separation and divorce.That means the numerator of the marital share fraction would be 16 and the denominator would be 20.The marital share of the service member’s disposable retired pay would be 80%.At the time of the divorce, the service member is still on active duty.
The marriage lasted another 18 years and then ends in divorce.
State laws can differ when it comes to the division of military retirement pay but the USFSPA gives each state the right to treat military retirement as “marital property.” State courts are tasked with making an “equitable distribution” of the military member’s retired pay but, that does not automatically mean an equivalent distribution or a fifty-fifty split.
Each state applies particular factors to each individual case and division of marital property such as military retirement is based on those factors.
It is up to the judge in the divorce to determine whether the military member's spouse receives a portion of their retirement.
The decision comes in legal solutions known as a divorce decree, dissolution, annulment, or legal separation.