Military Pension Converted to Disability Not Subject to Division


Mississippi Supreme Court Rules That Military Pension Converted to Disability Not Subject to Property Division


When someone seeks a divorce and at least one of the spouses involved in the marriage is a member of the military, the situation can quickly become extremely complicated when it comes time to divide the marital estate as part of that divorce proceeding.  One of the reasons for these complications is because there appears to be a lack of a consensus with regards to how certain issues should be handled, particularly when situations involving disability and pension pay are involved.

This issue once again came to the forefront recently in Mississippi, where a man who is a military veteran got a divorce and decided to convert 60 percent of his pension to tax-exempt disability pay.  His former wife sued, claiming that she was due a portion of that pay because of the standard involving ‘disposable military retirement pay’ and the trial court sided with the former wife and awarded her a portion of those benefits.  The former husband appealed the decision and it made its way all the way to the Mississippi Supreme Court.

The Supreme Court sided with the former husband, and it cited a federal decision from 1989 in its declaration that the former wife should not be entitled to a portion of pay that is labeled as payment for disability.  In short, the court stated that federal law with regards to this issue had been established and that this federal standard trumped state law.

San Diego Military Divorce Lawyers

As stated above, military divorces can quickly become extremely complicated, especially with regards to pensions and other benefits that are earned by those people who serve in our military.  Therefore, people who face a divorce need to be sure to obtain legal representation from someone who has a military background and who understands these issues thoroughly.

If you are a member of the military facing a divorce, you need to seek the help of San Diego military divorce lawyers who have been fighting for the rights of our brave soldiers for many years.  Contact the Men’s Legal Center today to schedule an initial consultation.

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