Those filing for divorce in Hammond against a military spouse should be aware of the fact that unvested military benefits may be considered marital property for purposes of asset division.
The issue arose way back in 1981 with the case of McCarty v. McCarty in the U.S. Supreme Court, where it was decided that federal law precluded the award of military retirement benefits as marital property upon divorce. However, that decision invited congressional action - and Congress passed the Uniformed Services Former Spouses' Protection Act, codified in Title 10 U.S. Code, Sec. 1408, effective as of 1983. Essentially, the new law holds that military retirement pay is considered marital "property," which could be subject to asset division in divorce.
However, the ruling doesn't mean that former spouses automatically are entitled to a portion of their ex's military retirement pay, and each case is decided according to individual facts and state law. Many jurisdictions continue to grapple with the issue, as evidenced in the recent case of Daniel v. Daniel, heard by the Ohio Supreme Court.