I went through a military divorce. Unlike pension share distribution, which is pretty clear under the USSPA, the SBP is up to the judge’s discretion and depends on a lot of different variables. Obviously I would not waive it voluntarily but it is also important to properly value it in context of other property distribution in the divorce, i.e. there is a big difference for the judge if they were married only 10 years of active duty and she is eligible for only 25 percent of the pension based on a 20 year career vs if they were married 20 years of active duty and there is a 50 percent share of the pension for example.
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I went through a military divorce. Unlike pension share distribution, which is pretty clear under the USSPA, the SBP is up to the judge’s discretion and depends on a lot of different variables. Obviously I would not waive it voluntarily but it is also important to properly value it in context of other property distribution in the divorce, i.e. there is a big difference for the judge if they were married only 10 years of active duty and she is eligible for only 25 percent of the pension based on a 20 year career vs if they were married 20 years of active duty and there is a 50 percent share of the pension for example.
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Link to comment from May 18, 2026