Military Pay and Benefits in a Georgia Divorce
Money can
be one of the most confusing parts of a military divorce. Service members have
different types of pay and benefits, and it's not always obvious what counts as
income or what can be divided in court. Here's how Georgia handles military
pay, disability, and retirement.
Military Income
Under
Georgia law, a service member's income includes base pay, drill pay,
and allowances for housing (BAH) and food (BAS). These are
considered when calculating child support or alimony. Special or incentive
pays, like hazardous duty or hardship pay, are generally not included
unless the judge specifically decides otherwise.
Because
housing allowances vary by duty station, Georgia law requires that lawyers use
a "non-local, no dependents" rate for BAH when calculating child support to
keep support amounts stable if the service member moves.
Disability Benefits
VA
disability payments are tax-free and can't be divided as property in a divorce,
but they do count as income when figuring out support. They can also
be garnished for unpaid child support or alimony.
Starting
July 1, 2024, Georgia law treats VA disability payments sent directly to the
primary physical custodian of a child as part of the disabled parent's child support
payments, similar to Social Security benefits paid to a child of a disabled
parent. This gives the parent who is disabled and paying child support a credit
for child support.
Retirement and the 10/10 Rule
Military
retirement pay can be divided between spouses as part of the property
settlement. The Uniformed Services Former Spouses' Protection Act
(USFSPA) allows Georgia courts to divide "disposable retired pay." If the
marriage lasted at least 10 years overlapping 10 years of military
service, the Defense Finance and Accounting Service (DFAS) can pay the former
spouse directly. If not, payments come from the service member instead.
Survivor Benefits
When a
service member retires, they can choose the Survivor Benefit Plan (SBP),
which provides income to a former spouse after the member's death. The former
spouse must file paperwork (Form DD 2656-10) within one year of the divorce to
be covered.
Military
pay and retirement are valuable assets, and dividing them correctly matters.
Understanding how income, disability, and retirement benefits are treated helps
both spouses make fair and lasting financial decisions after divorce.