Protect Your Pension: Why Military Divorces Need Specialized Attorneys
If you or your spouse serve in the military and you're facing divorce in Northern Virginia, hiring an attorney who understands military divorce is not just helpful—it's essential. Military divorces involve unique financial complexities that require an experienced attorney familiar with the applicable federal and state laws.
The BAH Factor: Substantial Money at Stake
Basic Allowance for Housing (BAH) in Northern Virginia is among the highest in the nation. For 2026, an E-7 with dependents receives over $3,855 per month, while an O-5 can receive more than $4,692 monthly—that's over $56,000 per year in tax-free housing allowance alone.
When you divorce, BAH eligibility is impacted. Who gets to claim dependents? How is BAH treated in spousal support calculations? Can you continue receiving the with-dependents rate? These questions have significant financial implications, and attorneys unaware of the distinctions often miss critical details that could mean thousands of dollars difference in your case.
Military Pensions: Complex and Valuable
Military retirement benefits are among the most valuable assets in a divorce, potentially worth hundreds of thousands of dollars over a lifetime. But dividing them correctly requires specialized knowledge to avoid possibly irreversible mistakes:
The 10/10 Rule: Many people misunderstand this rule. It doesn't determine if a spouse has a claim to your pension benefits—it impacts if DFAS will make direct payments to a former spouse. Your spouse may be entitled to a portion of your pension even if your spouse doesn’t meet the 10/10 eligibility requirements.
The 20/20/20 and 20/20/15 Rules: These determine whether a former spouse retains military benefits like healthcare and commissary privileges after the divorce. An experienced attorney ensures these protections are not missed in negotiations.
Calculating the Marital Share: Military pensions are divided based on a complex formula involving years of marriage overlapping with years of service. Mistakes in this calculation can cost you significant money for decades and in many cases, these mistakes cannot be fixed.
The Disability Dilemma
Things become even more complicated when a service member receives a disability rating of less than 50% and their military disposable retired pay is reduced by the disability benefits received. This decision has major implications in divorce because:
VA disability payments are not divisible as a property interest in a divorce proceeding. Military retired pay is divisible as a property interest in divorce.
A service member might elect disability after divorce, which would reduce the overall disposable retired pay received from DFAS. This then reduces the share the former spouse receives.
Experienced military divorce attorneys know how to include essential protections for the former spouse to avoid this scenario.
The Bottom Line
Military divorce in Northern Virginia involves substantial financial assets—from high BAH rates to valuable pensions. When your family's financial security is at stake, you need an attorney experienced in protecting your interest in a military divorce. Our attorneys are here to guide you through the process.