Just like civilians in the public sector, couples in the military have many things to consider during a divorce. The husband and wife must divide the assets as part of a marital settlement agreement. However, unlike other civilians, there are unique benefits and demands that require special consideration in a military divorce. One asset that is often overlooked is the accrued leave that a member of the military receives.
How Is Leave Accrued?
Active duty military personnel receive 30 days of paid time off each year, regardless of their rank. Leave is a right, not a privilege. Members of the military accrue two and a half days of leave per month. Military personnel are allowed to accumulate a maximum of 60 days leave.
How Much Is Accrued Leave Worth?
The value of accrued leave is based on salary. If a member of the military earns $5,000 a month and has accrued thirty days of paid leave, then that person can collect a check of $5,000 in lieu of taking the leave. The military does not encourage this practice as they believe military personnel should use leave in order to get away from the stress of the military, but there are no rules forbidding it.
It isn't uncommon for officers and senior enlisted members to carry the full 60 days of accrued military leave each year. When considering their wages, it is not hard to see how an officer or senior enlisted member's accrued leave can become a significant asset in a military divorce.
Why Is Accrued Leave an Asset?
Accrued leave is right, not a benefit, and as such it is considered an asset just like a pension or retirement account. Military personnel are not required to take any or all of their paid leave, but since they are paid for the time whether they take the time off or not, the paid leave has a value.
Determining How Much of the Paid Leave Goes to the Spouse
There are several factors which must be considered when it comes time to determine how much of the paid leave the other spouse is entitled to. For example, the date the couple separates or files for divorce can be important. This is because accrued paid leave is determined by rank. Therefore, a promotion that comes through before the divorce is finalized can alter the agreement.
How to Prepare for Divorce in Fairfax
Military families face unique stresses and situations that the public sector does not have to face. If you are part of a military family who is going to divorce, it is important you have a lawyer who understands the special needs of your family. An experienced Fairfax military divorce attorney can work with you to find creative solutions for your individual situation.
