Jamie Graham & Associates, PLLC

Blended Retirement System will affect military divorce

On Jan. 1, 2018, a new Blended Retirement System will go into effect for military members in Texas and everywhere around the country. The new system will certainly have an impact on retirements. However, other areas will be affected as well, particularly military divorce. Experts predict that divorces among military personnel can become more challenging than before.

A retired Judge Advocate General asserts that the outcome of a military divorce could vary, depending on the location of the case. Also, the new system could greatly impact how pensions will be divided in a divorce. However, active personnel can decide if they want to stay with the current retirement system or switch to the new system if they have less than 12 years of service.

Experts particularly say that someone who divorces a military spouse in 2017 may have no clue how this new system may affect the pension in the divorce. The amount of pension received in the settlement could change. Further, the author of the Military Divorce Handbook contends that those former spouses divorcing before the Blended Retirement System goes into effect should have no right to benefits received in the new system.

The author believes that the new benefits were not marital property. Therefore, the former spouse would have no claim to it. The new system could potentially affect child support or spousal support payments in the future as well.

Going through a military divorce is often a complex process and may become increasingly more so with the new system being instituted next year. A Texas divorce attorney can help those getting a divorce in this state, whether an active or former service member or a military spouse. A knowledgeable lawyer can help clients navigate the legal process and ensure that their rights are protected. An experienced attorney will work to obtain the most favorable outcome possible in the proceedings.

Source: ameriforce.net, "BRS and Military Divorce", Andrea Downing, Oct. 11, 2017

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