In general, pensions and retirement accounts are divided based upon their increase in value during the time of the marriage. As an example, if the parties are married for 15 years and the retirement has been amassed over 20 years, 75% of the retirement account would be community property. The non participating spouse would be entitled to 37.5% of the value of the pension as of the time of divorce.
Typically, a court order would be prepared by the attorneys to divide these accounts after the divorce has been finalized. The divorce attorneys at New Mexico Legal Group, P.C. have specialized knowledge in division of all forms of retirement accounts, including military retirement.