Ohio residents may know that a military pension is a valuable asset. This is because of the substantial benefits the military provides to service members, including health and retirement benefits. However, military pensions are different from standard pensions. For example, they are not subject to the Employee Retirement Income Security Act. The laws and issues concerning the division of military pensions can be confusing, so it is important that divorcing spouses are well-informed by their respective lawyers.
Before a military pension can be divided, it is important to determine what retirement benefits are available. There are several documents that can be used for this, including the Leave and Earnings Statement, Retirement Points Statement, SBP election forms, and discharge papers. Each state might treat the division of military benefits differently. In order for a former spouse to receive military pension payments directly following a divorce, there must be 10 years of marriage that overlap 10 years of military service.