About the Course
Introduction
This CLE webinar will discuss how to divide military pensions when the military retiree elects to receive disability pay. The panel will explain why such an election might have tax benefits to the electing spouse and how this election affects the non-military spouse. The panel will offer strategies for anticipating and offsetting a future election to receive disability long after the final divorce decree.
Description
Dividing military pensions is complex, and one wellspring of confusion is how to protect the non-service member spouse if the service member elects disability pay in lieu of monthly retirement pay. The problem arises because the Uniformed Services Former Spouse Protection Act permits state courts to divide "disposable retired pay," but it prohibits dividing disability pay.
If a military retiree elects disability, they must waive their gross retired pay, dollar for dollar, for every dollar of disability to be received, which reduces the amount of "divisible" retirement pay that courts can award. Furthermore, the service member can elect disability benefits at any time, including years after the final divorce decree and without the consent of the former spouse. Thus, exchanging retirement pay for disability could deprive a non-military spouse of their fair share in a divorce or lead to reduced payments without warning. Learn about some exciting recent developments in the rules on how a former spouse may be protected even when medical retirement is given to a servicemember.
The non-military spouse, however, has a number of options to protect their interests but foresight and diligence are required.
Listen as our experienced panel of military divorce attorneys discusses how disability affects the division of military pensions and best strategies for anticipating and planning for these types of elections.
Presented By
Ms. Laubach has been practicing law since 1996. She also served in the military for more than three decades, on either active duty or in the reserves. Ms. Laubach's military service has taken her from serving domestically with the Army 3/9 Aviation Battalion to serving overseas in the Army 4th Aviation Regiment to being a part of the Army Judge Advocate General's Corps for over 23 years. Her depth of legal and military experience has made her a go-to lawyer in Texas, particularly in the fields of military law and military divorce.
Ms. Puhak is a Senior Associate Attorney at Sullivan & Hilscher Family Law. She is a graduate of the University of South Carolina, where she majored in psychology. Ms. Puhak went on to obtain her Juris Doctor degree from Campbell University- Norman Adrian Wiggins School of Law in 2017. Prior to attending law school, she served our country as a commissioned officer in the U.S. Army.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, February 4, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Types of nondivisible pay
II. Effect of electing disability
A. Military spouse
B. Non-military spouse
C. Dual military couple with and without disability pay
III. Strategies for protecting non-military spouse
The panel will review these and other key issues:
- What is disability pay, and why does it affect retired pay?
- What are the advantages of electing disability pay?
- What is the 10/10 rule?
- What strategies exist for protecting the non-military spouse if disability is elected?
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