A former spouse's retirement share can shrink years later if the veteran waives retired pay for disability pay. The Howell decision limits the remedy.
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NORTHERN VIRGINIA FAMILY LAW ATTORNEYS Legal Insights
A change in federal law reshaped how military pensions are divided. The Frozen Benefit Rule locks the former spouse's share at the date of divorce.
For a career servicemember, retired pay is often the largest asset in the marriage. Here is how Virginia divides it, and the federal rule that sets the limit.
Basic Allowance for Housing (BAH)DivorceFormer Spouse Benefits (TRICARE)Marine Corps Base QuanticoMilitary DivorceServicemembers Civil Relief Act (SCRA)Uniformed Services Former Spouses' Protection Act (USFSPA)VA Disability Pay
Military Divorce in Northern Virginia
Cornerstone Guide · Northern Virginia Military Divorce in Northern Virginia: The Complete, Plain-English Guide If you or your spouse wears the uniform, your divorce runs through two rulebooks at once: Virginia law and a layer of federal military rules on top of it. That second layer is where most of the worry lives. Let me...
Dividing military retirement in a Falmouth divorce? The marital share, the Frozen Benefit Rule, and the 10/10 myth, explained with care. Call 571-260-0999.
Dividing a military pension in North Stafford? Why the DFAS order must be exact, the 10/10 rule, and avoiding costly rejections, explained. Call 571-260-0999.
Dividing a military pension in Aquia Harbour? The Survivor Benefit Plan protects your share after death, but the election deadline is short. Call 571-260-0999.
Dividing military retirement in a Stafford County divorce? The marital share, the Frozen Benefit Rule, and the 10/10 myth, explained with care. Call 571-260-0999.
Does BAH count as income for support in a Sudley military divorce? How Virginia reads the full LES for child and spousal support, explained. Call 571-260-0999.
Dividing a Thrift Savings Plan in a Haymarket military divorce? Why the TSP needs its own order, the marital portion, and the tax traps to avoid. Call 571-260-0999.