Nevada Divorce Pension Military Benefits Attorney Las Vegas
Divorces involving military service members and veterans in the Las Vegas area — given Nevada’s proximity to Nellis Air Force Base, the Nevada National Guard, and the significant veteran population throughout Clark County — frequently involve complex questions about dividing military retired pay and other military-specific benefits. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how states may treat military retirement pay in divorce proceedings, and Nevada law generally treats the marital share of military retirement as community property subject to division. Understanding USFSPA rules, the 10/10 rule for direct pay from the Defense Finance and Accounting Service (DFAS), and other military benefit entitlements requires specialized knowledge. Hauser Family Law’s Las Vegas family law attorneys handle military divorce cases with the expertise these cases require.
The 10/10 Rule and DFAS Direct Payment in Nevada Military Divorces
Under the USFSPA’s 10/10 rule, a former spouse can receive direct payment of their share of military retirement from DFAS only if the marriage overlapped with at least 10 years of creditable military service. When the 10/10 requirement is not met, the court can still award a share of military retirement in the divorce decree, but the service member must make direct payments to the former spouse — DFAS will not send separate checks. The court order dividing military retirement must use specific language required by DFAS to be honored. Hauser Family Law drafts military pension division orders that comply with DFAS requirements to prevent rejection and payment disputes after the divorce is finalized.
Survivor Benefit Plan Coverage in Nevada Military Divorces
A critical issue in military divorces is whether the divorce decree addresses the Survivor Benefit Plan (SBP) — the military’s annuity program that provides continuing income to a surviving spouse after the service member’s death. Without a specific SBP election in the divorce decree, a former spouse may lose all survivor benefit coverage when the service member remarries or upon the service member’s death. Hauser Family Law ensures SBP coverage is addressed in every military divorce decree involving retirement pay.
Contact Hauser Family Law — Las Vegas Nevada Military Divorce Attorneys
Divorcing a service member or veteran in Nevada? Hauser Family Law handles USFSPA pension division and military benefit issues. Contact us for a free consultation.