Dividing Military Benefits In Your South Jersey Divorce

Dividing military benefits requires an understanding of federal law, DoD regulations, and New Jersey equitable distribution principles. Getting these details wrong can mean lost benefits that are difficult or impossible to recover. At Musulin Groves & Greenfield, our attorneys work with military families near Joint Base McGuire-Dix-Lakehurst and throughout South Jersey to ensure every benefit is properly identified, valued, and divided.

Military Retirement Pay

Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), New Jersey courts may treat military retired pay as marital property. The divisible amount is “disposable retired pay” — gross pay minus deductions for VA disability waivers, SBP premiums, and certain other amounts. Under the frozen benefit rule (2017), a former spouse’s share is calculated based on rank and years of service at the time of divorce, not at retirement.

To receive direct payment from DFAS, the former spouse must meet the 10/10 rule: at least 10 years of marriage overlapping with 10 years of creditable service. If this threshold is not met, the former spouse may still be entitled to a share — but payment must come from the service member directly.

TSP, Survivor Benefits, and TRICARE

The Thrift Savings Plan (TSP) is a separate retirement account divided through its own court order, similar to a civilian 401(k). The Survivor Benefit Plan (SBP) provides a continued annuity if the retiree dies — electing former-spouse coverage is critical to protecting a pension award, and elections must be made within specific timeframes. Former spouses may retain TRICARE health coverage if they meet the 20/20/20 rule: 20 years of marriage, 20 years of creditable service, and 20 years of overlap.

Find Out How Our South Jersey Lawyers Can Help You

Schedule a consultation with Musulin Groves & Greenfield, today.

Call 609-267-0070 or contact us online.

We proudly serve clients throughout Burlington County, Camden County, Gloucester County, and Mercer County — including Haddonfield, Medford, Moorestown, Mt. Laurel, Marlton, Shamong, Tabernacle, Pemberton, Maple Shade, Delran, Delanco, and Cinnaminson — as well as families across the U.S. and overseas with matters in South Jersey courts.

Free consultations to all military personnel or military spouses.