Separation Agreement and Property Settlement Agreements Involving Military Retirement Benefits
When drafting separation agreements and/or marital property settlements, it is important to give special attention to the division of military retirement benefits so as to avoid the possibility that a former spouse will be deprived of his or her agreed upon share. This risk arises from the ability of a former service member to make a subsequent election that shifts retirement pay to disability pay. It is essential that the separation agreement or marital property settlement contain language to address and protect against loss from this contingency.
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