The lifestyle that goes along with being an active military family is unique. Because of frequent deployments and relocations around the country and abroad, it's often difficult for spouses to develop their own employment and financial security. School and steady employment can also be difficult due to child care obligations.

As a result, the enlisted person's pension is often a hot button during any divorce proceedings. Since this is a complex issue that is also specific to each individual's current situation, no primer will ever take the place of expert legal counsel. That said, having a basic understanding of the military pension process and how it factors into a possible divorce can help couples reach a workable solution for both parties.

The Military Pension

All former members of the active military are eligible for a military pension that begins the day of retirement—provided that they reach 20 years of service. This is a stark contrast to other pension programs and Social Security, which require that pensioners reach a certain age before benefits begin. That means it's not uncommon for people who enter the service right out of high school to begin drawing a significant pension payment before the age of 40. 

Spouses of active duty personnel find themselves in a bad position when it comes to retirement. After all, it's likely that their work history has been sporadic or completely absent while they've supported their spouse's military career and the work that goes into maintaining a family and a residence. As a result, spouses often find themselves with few contributions to Social Security and no personal investment products such as IRAs or 401(k)s. 

In light of these facts, the Uniformed Services Former Spouses Act allows for the military pension to be treated as marital property—meaning it is subject to division upon divorce. Since the military pension can be drawn before people reach an advanced age, this creates the potential for a lengthy payment schedule. This makes the impact of the pension agreement important for the lives of everyone in the family.

The Pension Division Process

There are a number of simple and complex formulas that attorneys use to determine what—if any—spousal benefit should be paid to the nonenlisted person from the pension funds. These include, but are not limited to:

• Dividing the number of married years into the total years earned when the pension matures
• A 50/50 split
• Trading other marital assets in return for pension consideration

Your attorney is, by far, your best source of support for information about the available options and how they might impact your future life. However, there are a few things to consider when determining your course of action regarding a military pension—whether you're the enlisted person or not. These include the following:

• Living arrangements—If you or your spouse needs to set up a residence off-base for your family, immediate cash might be more beneficial than payments at a later date. 
• Service plan—For people who expect to spend their entire working life in the military, the benefit becomes quite large. However, payments are also pushed back until after retirement.
• Age—If you or your spouse can reasonably expect to have a full career after the divorce, retirement protection becomes less of a factor. On the other hand, if you're a middle-aged couple, retirement considerations are vital.
• Work options—Similar to age, your work options are an important factor. If you have a career option ready to go, this isn't a problem. If you'll need to attend school or vocational training to make this happen, the landscape changes considerably.

The most important thing to remember when dealing with a military pension in a divorce is that the division of funds is negotiable. It's almost certain that there will be some division of the marital asset. Work closely with an attorney from a firm like Karen Robins Carnegie PLC to arrive at a fair and equitable solution, and don't underestimate the value of financial stability in your later years.