• Skip to primary navigation
  • Skip to main content

Krueger Hernandez & Thompson SCEstate

Attorneys at Law

  • Home
  • Our Firm
    • About Our Firm
    • About The American Academy
    • Attorney and Staff Profiles
    • Communities We Serve
      • Adams County
      • Columbia County
      • Dane County
      • Madison/Middleton Area
      • Sauk County
  • Estate Planning
    • Asset Protection & Business Planning
    • ESTATE AND GIFT TAX FIGURES
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Practice Areas
    • Business Needs
    • Divorce / Family Matters
    • Injuries and Adverse Reactions To Vaccines
    • Real Estate
  • Resources
    • Estate Planning Resources
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Estate Planning FAQ’s
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning FAQ’s
      • LGBTQ Estate Planning Frequently Asked Questions
      • Trust Administration & Probate Frequently Asked Questions
    • LGBTQ Resources
    • Pre Consultation Form
    • Special Needs Resources
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • The Mourner’s Bill of Rights
      • Trust Administration & Probate Definitions
      • When a Loved One Passes Away With a Trust
      • When a Loved One Passes Away With a Will
  • Testimonials
    • Review us
    • Our Testimonials
  • Webinars
    • Legacy Wealth Planning
    • Medicaid Planning
  • Blog
  • Contact Us
  • Call Us Today (800) 431-9776
  • Attend Free Webinar
    • Medicaid Planning
    • Estate Planning
  • Show Search
Hide Search
Home / Family Law / Wisconsin Divorce Law: Things You Need to Know About Your Military Pension

Wisconsin Divorce Law: Things You Need to Know About Your Military Pension

Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC · Oct 15, 2013 ·

Pensions and retirement accounts in most divorces involving non-military parties, are divided by way of a Qualified Domestic Relation Order (QDRO).  Depending upon the requirements of the plan these are divided by either a set dollar amount or a percentage based upon values that are either ordered by the Court or agreed to by the parties.

If you or your spouse is in the military and has a pension plan, the plan cannot be divided by way of a QDRO.  All military branches do not accept an Order by a Circuit Court Judge for division of military and/or retirement pay. 

This does not mean that the pension cannot be divided it simply means that a different process must be followed.  Failure to follow the correct “process” could result in delays in payment or lost benefits.  In addition, federal law does not allow for the division of any disability benefits.  Any portion of a pension or retirement plan that is for disability payments cannot be divided by way of an Order whether from the branch of military or a Circuit Court Judge.

On the other hand, Wisconsin law does allow the Court to consider the disability pay as income for determining maintenance and/or child support.  In short, although it cannot be divided it can be considered by the Court as income for support calculation purposes.

Generally, in non-military divorces the account is divided and put into a separate account for the benefit of the ex-spouse.  However, pursuant to federal law, these accounts are not divided in the same way.  Rather, if you are to receive a portion of your ex-spouse’s military pension and/or retirement plan you will receive a check each month.  Again, that is generally limited to an amount up to 50% of the military member’s disposable retired pay.

In short, divorces involving military personnel take extra preparation and caution both to protect the military member’s benefits as well as the member’s ex-spouse.

If you have divorce questions whether involving a military member or not, please contact Attorney Mark L. Krueger for a free, no cost, no obligation consultation.  At Krueger Hernandez & Thompson SC, we listen, we care, we get results!

In the Madison area contact us at (608) 824-9540, in the Baraboo area at (608) 356-3961 or Statewide at (866) 455-2993, email with questions at mark@kh-law.net and check out our website at https://khtlawyers.com. 

 

 

 

           

 

  • Author
  • Recent Posts
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
As the owner of Krueger Hernandez & Thompson SC, it is Stephanie’s mission to address each client’s goals for their estate plan. By identifying their wishes and concerns she can educate, guide, and counsel on the different tools and options that will effectively and efficiently accomplish those goals.
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Latest posts by Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC (see all)
  • The Questions of Estate Planning, Part 6: Why - January 6, 2020
  • The Questions of Estate Planning, Part 5: How - January 2, 2020
  • The Questions of Estate Planning, Part 4: Where - December 30, 2019

Family Law Attorney Mark L. Krueger, Baraboo, child support, Dane County, disability beneits, division of military pay, division of retirement pay, Divorce, divorces, experienced family lawyer, family cases, family law attorneys, federal law, Krueger Hernandez & Thompson SC, lost benefits, Madison, maintenance, Middleton, military member's benefits, military pension, non-military divorces, pension, pension plan, pensions, pensions and retirement accounts, QDRO, Qualified Domestic Relation Order, retirement, RETIREMENT ACCOUNTS, retirement plan, Sauk County, support calculation, Wisconsin, wisconsin divorce law, Wisconsin law

Blog subscription

MIDDLETON

8215 Greenway Blvd, Ste. 590
Middleton, WI 53562
United States (US)
Phone: (608) 824-9540
Fax: (608) 824-9140

BARABOO

120 Third Street, Unit A
Baraboo, WI 53913
United States (US)
Phone: (608) 356-3961
Fax: 608-824-9140

By Appointment Only
All Mail Should be Directed to the Middleton Address

Opening hours

Monday7:00 AM - 5:30 PM
Tuesday7:00 AM - 5:30 PM
Wednesday7:00 AM - 5:30 PM
Thursday7:00 AM - 5:30 PM

Map

map for Krueger Hernandez & Thompson SC Estate ofice

Se Habla Español
Nous Parlons Français

  • Facebook
  • LinkedIn
  • Twitter

© 2021 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us