"Marital share" means that portion of a spouse's interest in a plan that was earned during the marriage and before the last separation of the couple. No payment may exceed 50% of the marital share of cash benefits actually received (or to be received) by the spouse.

As permitted by federal or other applicable law, Virginia courts may order a party to designate a spouse or former spouse as beneficiary of all or a portion of any survivor benefit or annuity plan.

Attorneys at Shoun, Bach, Walinsky & Curran, P.C. keep current on changing federal and state laws and regulations related to pension and retirement benefits available to the employee or a retired member and spouse. To assure the preservation of our clients' rights and entitlements, we offer up-to-date legal advice regarding each retirement category referenced below.

• Private Pension and Retirement Plans; Related Benefits
  
  There are many types of private retirement accounts and plans, including:
  
  
  • Individual Retirement Accounts (IRAs)
  • 401(k) plans
  • Tax-sheltered annuities
  • Deferred compensation plans
  • Profit-sharing plans
  • Employee stock ownership plans
  • Stock options
  • Many varieties of employee pensions
  
  Any plan or benefit accrued during a marriage is normally subject to equitable distribution between spouses in the divorce proceeding. The spouse who holds the retirement plan is usually required to share a percentage of these plans and benefits with the other spouse.

• United States Government Pension and Retirement Benefits (CSRS and FERS)
  
  U.S. Government employees or retirees, and their spouses, have rights and benefits available to them either under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS), as well as Thrift Savings Plans and survivor benefits. U.S. Government pensions are divisible upon divorce in essentially the same manner as private pensions.

• Military Retirement, Survivor Benefit Plan, and Related Military Benefits
  
  A federal statute, the Uniformed Services Former Spouses Protection Act, permits a state court in divorce proceedings to award a share of a military service member's pension ("disposable retired court pay") to the member's spouse.
  
  Virginia courts may also order a military service member to name his or her former spouse as beneficiary of the military survivor benefit plan (SBP).
  
  Many other federal statutes and regulations govern the rights afforded to former spouses of military personnel concerning medical, commissary and exchange privileges. The nature and extent of such privileges will vary depending on the length of the couple's marriage while the member was on active duty.