A military invalidity pension is a payment made to military veterans by the Commonwealth Superannuation Corporation.

These payments relate to a number of different schemes, including the Defence Force Retirement and Death Benefits Scheme (DFRDB), and the Military Superannuation Benefits Scheme (MSBS).

Invalidity pension payments are lifetime (but reviewable) pensions that are paid to veterans who have been medially discharged from the defence force.

The value of these payments is dependent on a number of different factors including the veteran’s level of incapacity for civilian employment, final average salary before discharge, and the number of years served / which would have been served in the defence force had discharge not occurred.

A veteran’s invalidity benefit payment must be considered in a family law property settlement.

Such payments are considered to be a type of superannuation. They may be accounted for via inclusion, as a notional lump sum, in the property pool that is to be divided between the parties, or as an income-stream. The former is only appropriate where the veteran’s spouse seeks a superannuation split in respect of the pension.

Whilst Courts are generally reluctant to make Orders splitting a military invalidity pension, it is possible for the Courts to make such Orders.

Disputes in property settlement matters are common and knowing what you’re entitled to and how to protect yourself isn’t always straightforward.

That’s where we come in. Experienced in family law matters, especially those impacting military personnel and veterans, and their former spouses, we can help you find a resolution when a dispute arises.

Discuss your family law matters with us today.

A military invalidity pension is considered to be a type of superannuation. As noted, there are two approaches in family law property settlements when it comes to military invalidity pensions. The most common approach is that the pension is treated as an income stream. Alternatively, where appropriate, the pension is assigned (via actuarial calculation) a notional lump sum value in the property settlement. Where the former occurs, the Court considers contributions and other factors in order to determine what splitting Order should be made in relation to the interests (if any).

The way property may be split is different in every situation and is dependent on factors such as contributions to the relationship, future needs and the overall justice and equity of each case.

If it is just that your military pension be divided via superannuation splitting Order, the quantum of the split will depend on several factors, such as direct and indirect contributions to such interest.

The Court often places significant weight on the fact that (typically) a meaningful portion of such interests are compensatory in nature (that is, paid taking into account the years the veteran would have served in the military if they did not medically discharge).

Whilst splits of military invalidity pensions, by agreement or otherwise, are relatively uncommon, even where a marriage was only short-lived, it is theoretically possible that an ex-spouse could receive a portion of a miliary pension. The unique circumstances of your relationship and situation will play a role in whether this occurs. If you’re concerned about this, we highly recommend getting in touch with us to discuss your situation.

A property settlement matter, including those that involve military invalidity pensions, will be different in every situation, which is why it’s so important to seek legal advice from an experienced family lawyer.

Our military invalidity pension and property settlement family law services are available to veterans receiving the pension, ex-partners of veterans receiving the pension, as well as other lawyers requiring support and guidance to understand military invalidity pensions and how they are treated in family law property settlements.

We can help by:

• Provide legal expertise
• Negotiate on your behalf
• Represent you in mediations
• Prepare court materials
• Formalise agreements

At Barram Family Law, we welcome all such enquiries and genuinely appreciate being given the opportunity to have a positive and meaningful impact for those seeking to navigate this challenging area of the family law.

Family law matters are already complex to resolve and with the added complexity of access to military invalidity pensions, it’s imperative that you work with a lawyer experienced in this area.

We not only work with veterans and the ex-partners of veterans to resolve these matters, but we also offer support and advice to various other lawyers who are dealing with these disputes.

Our experience is extensive and we can provide our services to people all over Australia, not just those in the Townsville area.

Experience truly counts in these matters and we’re here to ensure that your dispute is resolved efficiently and fairly. If you’re involved with a military pension and family law matter anywhere in Australia, talk to us today.

Our family law firm is based in Townsville, Queensland, and while we work with many people in the local area and surrounding region, including in Mt Isa, all of our family law services, including those related to property settlement proceedings, are available to people Australia-wide.

Get in touch with us by calling us on 07 4426 1980 or booking a free consultation here.