There are many reasons that military couples may divorce. Differences in values that intensify over time can be an issue for some couples. Long separations and infidelity are also common reasons that military marriages end in divorce.
Regardless of the reason behind the divorce filing, the legal process ahead may be a bit more complex because of one spouse’s military service. Frequently, there are questions about benefits and property division during a military divorce.
Especially if the spouse serving in the military has served long enough to qualify for a pension, there may be concerns about the division of that pension. Do spouses need to divide a military pension when divorcing in Indiana?
Indiana has unique rules
When a service member divorces, military rules do not govern the divorce proceedings. Instead, the spouses file for divorce in the civilian courts. The current residence of the spouses determines the jurisdiction for divorce proceedings.
If spouses divorce while living in Indiana, then Indiana state statutes determine what happens to their shared property. Indiana has a “whole pot” approach to the assets of spouses that differs from common practices in other states. A military pension is likely subject to division during divorce in Indiana. Even if the spouses don’t directly divide the pension, they may need to consider its value when settling other property division matters.
There are military rules in place that allow for direct pension distributions to non-military spouses in qualifying circumstances. Under the 10/10 rule, the non-military spouse could receive direct pension payouts from the Defense Finance and Accounting Service (DFAS) in qualifying circumstances.
If the marriage lasted for at least 10 years and the service member spouse has 10 years of qualifying service during the marriage, then DFAS can make direct pension distributions to the non-military spouse. If the marriage was shorter than 10 years or if the serving spouse had fewer than 10 years of service during the marriage, then the spouses may need to make alternate arrangements for addressing the pension in their divorce proceedings.
Learning more about Indiana’s unique approach to property division can be beneficial for those preparing for a military divorce. Spouses who understand property division rules and military rules as well can empower themselves to negotiate more effectively in the early stages of divorce.