The Military Shield: Protecting Military Pensions in South Carolina Under the USFSPA in 2026

In 2026, USFSPA rules continue to prevent “double dipping” in disability and retirement pay. At the Deaton Law Firm, we help military servicemembers stationed at JB Charleston and former servicemembers and military spouses in North Charleston and Goose Creek account for VA waivers and address other pertinent issues in order to protect their access to military benefits during the divorce process.

For current and former military servicemembers and their spouses, maintaining adequate access to military retirement and disability benefits can be an important aspect of the divorce process. The Uniformed Services Former Spouses’ Protection Act (USFSPA) plays a key role, as it governs the division of military retirement pay during a divorce. While veterans’ disability benefits are governed by different federal laws, these laws can interact with the USFSPA in important ways—and divorcing spouses must be careful to ensure that they protect their access to military benefits in the future.

With this in mind, if you are preparing for a divorce that will involve military retirement or disability benefits in North Charleston or Goose Greek, it will be important to ensure that you are making informed decisions. This will involve working with an experienced divorce lawyer throughout the process. Keep reading to learn more about how military retirement and disability benefits are (and aren’t) divided during the divorce process, then contact us to arrange a confidential initial consultation with North Charleston divorce lawyer Rad S. Deaton.

USFSPA Compliance for Divorcing Servicemembers Stationed at JB Charleston

The USFSPA establishes strict rules regarding the division of military retirement benefits during the divorce process. For divorcing servicemembers stationed at JB Charleston, ensuring compliance with the USFSPA is important. Not only can non-compliance lead to administrative issues and other challenges, but it can also lead to loss of benefits and direct liability in some cases.

So, what is required?

For servicemembers who are going through the divorce process, some of the key requirements pertain to attempting to hide or withhold court-ordered payments. When a divorce does not result in the direct payment of benefits to a former spouse, the servicemember must pay the amount required under the terms of the spouses’ divorce decree. To ensure that they are required to pay no more than necessary—and to ensure that they will be able to rely on their military retirement benefits in the future, servicemembers should work closely with an experienced divorce lawyer who is familiar with all of the issues involved.

Asset Division for Divorcing Veterans in North Charleston and Goose Creek

Veterans who are going through a divorce must generally address the same issues as active-duty servicemembers—and they may need to address various other issues as well. For example, retirement benefits and VA disability benefits are handled very differently during the divorce process. To ensure that you are making sound decisions focused on meeting your financial and medical needs in the future, you should work closely with a divorce lawyer who has experience that is relevant to your specific circumstances.

Protecting Military Retirement and Disability Pay During a Divorce for Military Spouses

If you are preparing to divorce your spouse who is a current or former member of the military, you will need to be careful to protect yourself in this scenario as well. Here, your primary concerns relate to making sure you receive the full benefits to which you are legally entitled.

Under the USFSPA, military retirement pay is considered a marital asset for purposes of the divorce process. South Carolina is an equitable distribution state, which means that divorcing spouses are required to divide their marital assets fairly (though not necessarily equally) during the divorce process. As a military spouse, there are some key considerations you need to keep in mind:

• Military Spouses are Not Automatically Entitled to Retirement Benefits – While military spouses can seek retirement benefits during the divorce process, they are not automatically entitled to benefits under the USFSPA. As a result, military spouses must ensure that they specifically seek a portion of their spouse’s retirement benefits when dealing with asset division during their divorce.
• There is No Set Percentage for Military Spouse Retirement Benefits Post–Divorce – Since military spouses are not automatically entitled to retirement benefits, this also means that there is no set percentage for military spouse retirement benefits post-divorce. Instead, you will need to work with your divorce lawyer to seek an appropriate percentage based on your unique family and financial circumstances.
• Military Spouses Are Entitled to Direct Payments in Some (But Not All) Cases – Under the “10/10 Rule,” military spouses are only entitled to direct payments if they have been married for at least 10 years and their spouse performed at least 10 years of creditable military service during their marriage. Otherwise, divorced military spouses will need to rely on receiving payments from their former spouse post-divorce.

For military spouses who rely on VA disability benefits, another important rule to keep in mind is the rule which states that veterans must waive a portion of their retirement pay in order to receive disability pay. This can reduce the amount of a veteran’s “disposable retirement pay,” and this can play a major role in determining how much money is on the table in a divorce.

Frozen Benefit Rules in SC Divorces for Military Servicemembers and Spouses

Another key consideration for spouses who are going through military divorces is the frozen benefit rule. Under the USFSPA, when an active servicemember gets divorced, his or her spouse’s share of the retirement benefits is calculated based on the servicemember’s rank, years of service, and “High-3” salary at the time of the couple’s divorce. Incorrectly calculating a spouse’s share can have serious financial consequences—and this is just one of several mistakes that both spouses must be careful to avoid.

Schedule an Appointment with North Charleston Divorce Lawyer Rad S. Deaton

Rad S. Deaton is an experienced North Charleston divorce lawyer who guides military servicemembers, veterans, and military spouses through the divorce process. If you are preparing for a divorce, you can call 843-225-5723 or contact us online to arrange a confidential initial consultation.