As someone who serves our country proudly and gives up many of the freedoms afforded to civilians, military service members have good reason to be guard their military retired pay.  That’s why so many Colorado-based service members consult with military divorce lawyers when facing the end of their marriage.  Unlike traditional family lawyers, military divorce lawyers are well informed on the various aspects of military retired pay and other military benefits with respect to a divorce.  Even the issues of custody and child support can be impacted when one parent serves in the military. This means it’s important to hire the right lawyer. 

If you are filing for divorce in Colorado Springs, military divorce lawyers will educate you on how state and federal laws impact your military retired pay.  Because these specialized attorneys handle so many cases like yours, you can be confident in their ability to represent your interests.  Even if you expect to be deployed overseas for several months, a military divorce attorney can file petitions and pleadings for you in your absence.

What does the law say about the division of military retired pay in Colorado?

Thanks to a law enacted by Congress in 1982 known as the Uniformed Services Former Spouse’ Protection Act (USFSPA), state courts are allowed to divide military retired pay in a divorce, annulment or legal separation.  However, in order to divide this government benefit, a Colorado court must first have jurisdiction over the service member.  Military divorce lawyers can explain how this works in greater detail, but it basically means that the court must satisfy certain objectives in order to make decisions in a military divorce case.  Before Colorado can have jurisdiction, the state must first obtain the service member’s consent, be the state where he or she currently resides, or be the location of his or her legal residence. 

Regardless of the length of the marriage, any state with proper jurisdiction can and will divide military retired pay in a military divorce, but this cannot be done by courts in foreign nations. According to the DFAS (Defense Finance and Accounting Service), the marriage must have lasted at least ten years, but in shorter marriages a state court can still order that a portion of a service members  retired pay be paid to the former spouse in a settlement. 

To learn more about the division of military retired pay and other laws concerning divorce filing in Colorado Springs, consult with the military divorce lawyers at the Marrison Law Firm.