Loading...

Military pensions and property settlements

14 November 2023

When should an asset not form part of the property pool? In some cases, when it’s a military pension.

In a recent case, a judge was found to have made an error by counting a military pension twice during a property split – firstly, as a capitalised asset, and then, secondly, as a future source of income.

The couple married in 2006 and divorced in 2020. They had four young children together, who primarily lived with their mother after the couple separated.

The husband qualified for a military pension after his medical discharge from the armed services in 2010. He served for more than 27 years, and the pension was only ever payable to the husband whilst his medical condition justified it.

During the proceedings, the wife sought 52.5 percent of the parties’ property and superannuation, with the husband seeking 57.5 percent.

The wife did not contend for the military pension to be counted as an asset at its capitalised value and anticipated its treatment as only an income stream.

However, the judge assessed the pension as being a capitalised asset, and also as a future source of income.

The military pension ought not to have been notionally identified as an asset, when it was not, as it could neither be commuted nor alienated. It was no more than a right, entirely personal to the husband, to receive defined income whilst he was medically unfit.

When military pensions are involved in a property settlement, courts sometimes cordon the pension into its own separate property pool.

However, while superannuation interests can be split between a couple during a divorce, there are some interests that are generally considered to be “unsplittable” including a lifetime pension or fixed-term pension. That can include military pensions, and pensions from other services, such as the police force.

This is a complex area of law. If you need advice on what is or isn’t part of the property pool in your separation, get in touch with Michael Lynch Family Lawyers today.

Phone our office on: (07) 3221 4300 or email: [email protected]

2024-02-16T09:51:39+10:00

Client Testimonials

The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
E.F., Nundah

Michael Lynch Family Lawyers are easy to deal with, and your systems are good.

D.T., Ferny Grove
I like your friendly service and the ability to speak to my solicitor directly.
R.G., Wishart

I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!

B.S., Brisbane
Your team is professional, warm, friendly and real.
N.R., Crows Nest
So pleased to have had a good, sound and knowledgeable firm.
C.W., Brookfield

I would like to thank your firm for the support and compassion shown while dealing with my matter.

C.M., Brisbane
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
R.P., Cleveland
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
A.C., Morningside

My solicitor is a good listener. My documentation maintained the high moral ground.

S.S., Hamilton
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
J.H., Windaroo
Your team’s communication with me was exceptional, I knew exactly what was happening.
A.A., Eatons Hill

I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.

S.S., Hamilton
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
C.W., Brookfield
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
M.J., Manly

Michael Lynch Family Lawyers know what they are talking about.

R.M., Warwick
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
M.T., Stafford

My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.

R.R., Brighton
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
B.W., Chapel Hill

You, guys, provide extraordinary service.

A.O., North Brisbane

At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!

L.R., Ascot
I appreciate my lawyer’s professional approach and her being on top of my situation.
N.S., Mt Gravatt

Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.

R.B., Toowong
Michael is very personable and very good at covering the material and explaining the strategy.
J.O., Hawthorne
I liked my solicitor keeping things as simple as possible.
S.M., Clayfield
Your newsletters are great, I appreciate them.
K.B., Carina

My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.

J.H., Brisbane

Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.

B.T., Clayfield
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
J.S., Holland Park
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
L.R., Samford

I was always confident that I was getting the very best advice.

T.S., Flinders

Your staff is knowledgeable, professional and very calm.

A.C., Helensvale
Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
M.R., West End

Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.

S.D., Parkinson
Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
T.V., Everton Park

I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.

A.O., Kedron
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
A.A., Eatons Hill

I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.

J.H., Wellington Point
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
S.S., Hamilton
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
G.C., Southport
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
R.P., Cleveland

Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.

A.M., Chambers Flat

Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.

L.K., North Lakes
Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
C.T., Bribie Island
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
P.B., Carindale
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
D.S., Coorparoo

After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.

K.M., Paddington
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
J.S., Brisbane

We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.

N.B., Brisbane

Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.

A.A., Perth
Many thanks for your assistance – life is now great – I’m moving on.
J.K., Mansfield
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
D.H., Hendra

I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.

C.M., Morningside
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
K.H., Augustine Heights
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
S.L., Moranbah
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
S.C., Nundah
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
T.C., Tarragindi
I really appreciated the happiness of your secretarial staff.
G.C., Clayfield
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
C.W., Brookfield