Military retirement can be one of the most valuable assets involved in a divorce. For military families in Virginia, dividing these benefits also means dealing with both state and federal rules.
Military retirement earned during the marriage may be divided as marital property in a Virginia divorce. However, that does not mean a former spouse automatically receives half of the service member’s retirement. If you are facing a military divorce in 2026, a Stafford, VA, family law attorney can help you understand how these benefits may be handled.
What Part of Military Retirement Can Be Divided in Virginia?
Under Virginia Code § 20-107.3, the marital share of retirement benefits generally includes the portion earned during the marriage and before the spouses’ last permanent separation. The law also requires military retirement benefits to be divided in accordance with federal law.