Delaware, Chester and Montgomery County, Pennsylvania, Family Law Attorney
In a military divorce, military pensions must be considered and divided if they are marital property. Depending on the specific dates of your marriage, divorce and military service, the amount subject to equitable division will vary. It is important to have a Pennsylvania military pensions attorney represent you throughout the property division process.
Attorney Marguerite Nealon can help you understand how equitable distribution works in Pennsylvania and help you understand how these laws will apply to you or your spouse's military pension. With more than 18 years of experience helping service members from the Army, Navy, Air Force, Marine Corps and Coast Guard, she has the skills and knowledge to guide you through your divorce.
We understand how important your family is to you and we will listen to your concerns and make sure you understand your options throughout your divorce. Contact our family law firm to discuss your goals with an experienced military family law attorney.
How Are Military Pensions Divided in a Divorce?
The division of military pensions in a divorce is dependent on specific dates. The important dates to be aware of when you are determining what part of a military pension can be divided in your divorce include:
- Date of origination of the pension
- Date of marriage
- Date of physical/legal separation from your spouse
- Date the divorce complaint was filed
- Date of distribution of your pension
From the date of origination to the date of your marriage, that portion of the military pension is not marital. From the date of marriage to the date of separation, any accumulated pension is marital property and subject to equitable distribution. Pension increases between the date of separation to the date of the divorce filing are not marital.
Understanding the Coverture Fraction
The coverture fraction is the number of years of your marriage, divided by the number of years of military service. This fraction is then multiplied by the benefit and the resulting number is the marital portion of the pension.
Contact a Military Divorce Lawyer in Radnor, Philadelphia or Scranton
Whether you or your spouse is a retired service member or on active duty, attorney Marguerite Nealon will work with you to make sure you understand your options and that your rights and interests are protected in your divorce. We represent you from the mind and the heart. Call one of our three Pennsylvania offices or contact our family law firm online to schedule a consultation.
