Introduction
Divorce can present unique challenges for military personnel, particularly when it comes to the impact on their military pension. It is crucial for individuals in West Virginia to understand how divorce laws in the state specifically address the division of military retirement benefits.
Overview of Military Pension Division in West Virginia
In West Virginia, the state law treats the military pension of a service member as marital property in a divorce. This means that the portion of the pension earned during the period of the marriage is subject to division as part of the divorce settlement. As a result, the ex-spouse is entitled to receive a fair share of the military pension.
Factors that Affect Military Pension Division in West Virginia
When it comes to the division of military pensions in West Virginia, the courts consider certain factors. One of these factors is the "10/10" rule, which applies when the military spouse completes at least 10 years of active duty service during the marriage, and the marriage itself lasts at least 10 years.
If the "10/10" rule is met, the ex-spouse can receive the military pension benefits directly from the Defense Finance and Accounting Service (DFAS), eliminating the need to rely on the service member for payments. However, if the rule does not apply, the ex-spouse may still be entitled to a portion of the pension but would have to depend on the service member to make payments directly.
Another factor that impacts the division of military pensions is the duration of the marriage. If the marriage lasts less than 10 years, the military pension may not be subject to division. However, the divorce court may still take other factors into consideration, such as the earning potential of both spouses, when determining the division of marital property.
Process for Dividing Military Pensions in West Virginia
If the military pension is deemed marital property, the court will issue a Qualified Domestic Relations Order (QDRO) as part of the divorce settlement. The QDRO establishes the ex-spouse’s right to a portion of the military pension benefits.
Once the QDRO is approved by both the court and the military service member’s branch of service, DFAS will directly pay the ex-spouse the portion of benefits owed. These payments will continue until the service member passes away, at which point they will cease.
Conclusion
Military personnel going through a divorce in West Virginia need to familiarize themselves with the specific rules surrounding the division of military pensions. If the "10/10" rule is met, the ex-spouse may be entitled to receive the benefits directly from DFAS. Even if the marriage duration falls short of 10 years, the court may still consider various factors when dividing marital property. It is advisable for military service members and their spouses to consult with a skilled divorce attorney to gain a comprehensive understanding of their rights and obligations within a divorce settlement.