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Does Military Retirement Cover LDA in Washington State? A Deep Dive

Yes, military retirement pay is generally considered income and is therefore subject to division in a Washington State divorce or legal separation, including the determination of Legal Decision-Making Authority (LDA) and parenting time. However, its direct impact on LDA is nuanced and doesn’t guarantee a specific outcome. Instead, it contributes to the overall financial picture and the court’s assessment of the best interests of the child.

Understanding the Intersection: Military Retirement, Income, and Child Well-being

While military retirement itself doesn’t dictate who gets the final say in major decisions regarding a child (LDA), it plays a significant, albeit indirect, role. In Washington State, family courts prioritize the best interests of the child when determining LDA and parenting schedules. Factors considered are numerous and comprehensive, encompassing emotional, physical, and financial stability. Let’s break down the key components and their connection to military retirement:

Financial Stability: A Key Consideration

Military retirement provides a stable and predictable income stream, which is undoubtedly a positive factor. The court will look at each parent’s financial resources to determine their ability to provide for the child’s needs. A parent with a consistent, guaranteed income like military retirement might be perceived as more financially secure than a parent with fluctuating or uncertain income. However, this is just one piece of the puzzle. The court will also consider:

Earning potential: Even if one parent has military retirement, the other parent’s potential for future earnings will be evaluated.
Debts and expenses: A high income can be offset by significant debt or extravagant spending habits.
Child support calculations: Washington State uses a formula to calculate child support based on the parents’ combined income. Military retirement is included in that calculation.
Healthcare: Availability and affordability of healthcare for the child also factor into the decision. Military retirement may provide access to Tricare, a valuable benefit.

The Impact on Parenting Time and LDA

Crucially, financial stability does not automatically equate to superior parenting. While a secure income is essential, the court prioritizes the parent’s:

Emotional well-being and stability: A stable parent-child relationship is paramount.
Ability to provide a safe and nurturing environment: This includes physical safety, emotional support, and consistent care.
Willingness to facilitate the other parent’s relationship with the child: This demonstrates cooperation and a focus on the child’s needs.
History of involvement in the child’s life: Past participation in activities, school, and healthcare is highly relevant.

A parent with military retirement might demonstrate financial stability, but if they are emotionally unavailable, have a history of substance abuse, or are unwilling to cooperate with the other parent, the court may award LDA to the other parent, even if they have less income.

The Role of Deployments and PCS Moves

Military life presents unique challenges. Frequent deployments and Permanent Change of Station (PCS) moves can complicate parenting arrangements. While the court will consider the demands of military service, it will also prioritize the child’s need for stability and continuity. The parent who is more consistently available and able to provide a stable home environment may be favored for LDA, even if the other parent has military retirement.

Community Property Considerations

In Washington State, which is a community property state, assets acquired during the marriage are generally divided equally in a divorce. This includes the portion of military retirement earned during the marriage. The division of retirement benefits is a separate issue from LDA but can impact each parent’s overall financial situation and, indirectly, their ability to care for the child. It’s vital to work with an attorney familiar with the Uniformed Services Former Spouses’ Protection Act (USFSPA) to ensure a fair division of these benefits.

Navigating the Complexities: Seeking Legal Counsel

Ultimately, determining LDA and parenting time in cases involving military retirement requires a nuanced understanding of Washington State law and a careful evaluation of the specific circumstances. It is highly recommended to consult with a qualified family law attorney experienced in military divorce. An attorney can:

Advise you on your rights and obligations.
Help you gather evidence to support your case.
Negotiate a settlement agreement that is in your best interests and the best interests of your child.
Represent you in court if necessary.

Frequently Asked Questions (FAQs)

1. Will my military retirement automatically be divided in a Washington State divorce?

Generally, yes. The portion of your military retirement earned during the marriage is considered community property and is subject to equitable division. However, there are exceptions and nuances. An attorney can help you determine how your retirement will be divided.

2. Does Tricare cover my children after the divorce if I’m the military member?

Yes, under certain circumstances. If you have legal custody (LDA and/or parenting time), your children typically remain eligible for Tricare coverage. However, there may be limitations or requirements depending on the specific divorce decree and your military status.

3. Can my ex-spouse receive a portion of my military retirement even if we were married for less than 10 years?

Yes, a former spouse can receive a portion of military retirement even if married for less than 10 years. However, in order for the Defense Finance and Accounting Service (DFAS) to directly pay the former spouse, the marriage must have lasted at least 10 years overlapping 10 years of creditable service. Shorter marriages still allow for retirement division, but the payments will come directly from you, not DFAS.

4. How does a PCS move affect my LDA and parenting time rights?

If you are the military member and receive PCS orders, you must notify the court and the other parent. The court will consider the impact of the move on the child and may modify the parenting plan accordingly. The best approach is to engage in open communication with the other parent and attempt to reach an agreement that is in the child’s best interests.

5. What happens if I’m deployed and have LDA?

Deployment doesn’t automatically terminate LDA. You must make arrangements for the child’s care during your deployment, and the court will likely consider the non-deploying parent as a temporary caregiver. A temporary modification of the parenting plan may be necessary.

6. My ex-spouse is using my military retirement to demand more parenting time. Is this legal?

While your retirement income is relevant to child support calculations and overall financial stability, it shouldn’t be directly tied to parenting time. Parenting time decisions should be based on the child’s best interests, not simply on the parent’s income. If you feel your ex-spouse is unfairly leveraging your retirement, consult with an attorney.

7. What is the Uniformed Services Former Spouses’ Protection Act (USFSPA)?

USFSPA is a federal law that allows state courts to divide military retirement benefits in a divorce. It also establishes the rules for direct payment of retirement benefits to the former spouse. It’s crucial to understand USFSPA to ensure a fair division of your retirement.

8. How is child support calculated in Washington State when one parent receives military retirement?

Military retirement income is included as gross income when calculating child support. Washington State uses an income shares model, meaning child support is based on the parents’ combined income and the number of children.

9. Can I protect my military retirement from being divided in a divorce?

It’s difficult to completely protect military retirement earned during the marriage. However, you may be able to negotiate an agreement that offsets the retirement division with other assets or debts. Pre-nuptial or post-nuptial agreements can also address retirement division, but these must be carefully drafted to be enforceable.

10. My ex-spouse is mismanaging their portion of the military retirement. Can I do anything?

Unfortunately, you generally cannot control how your ex-spouse spends their portion of the retirement. However, if their financial mismanagement is negatively impacting the child, you may be able to petition the court for a modification of the parenting plan or child support.

11. If I remarry, does my new spouse have any claim to my military retirement?

Generally, no. Your new spouse will not have a claim to the portion of your military retirement that was divided in your previous divorce. However, any increase in your retirement benefits after your remarriage could potentially be considered community property in a future divorce.

12. What legal documents are needed to divide military retirement in a Washington State divorce?

Typically, you’ll need a divorce decree that specifically addresses the division of military retirement. A separate court order, often called a Qualified Domestic Relations Order (QDRO) or its military equivalent, is usually required to direct DFAS to make direct payments to the former spouse. An attorney can help you prepare these documents.