Is an ex-spouse automatically entitled to a percentage of your retirement pay in the event of a divorce?

As of 1981 Federal law, Uniformed Services Former Spouses’ Protection Act (USFSPA), Title 10, United States Code, Section 1408, ALLOWS for retirement pay to the ex-spouse, but does not mandate it. The state that has jurisdiction must still make it a court order as part of the divorce settlement.

More than you ever wanted to know about divoice and retiernment pay
http://www.dfas.mil/garnishment/usfspa/faqs.html

It's actually both. The law was changed a few years ago that after 10 years of being married during military service the spouse is automatically entitled and DFAS will automatically pay the spouse.
Less than 10 years and that is at the discretion of the state. Most look at it as a portion of your present or future retirement. For example, you were together 5 years of military service, 2.5% per year (20 years earns 50% of your retirement) 12.5% as determined by the state.
In the cases where it's less than 10 years it's on you to pay to the spouse.

I retired after 25 years of Naval Service, my ex and I were married for 17 of those years. The former spouse protection act as it was understood by myself goes as follows if you were married for a period of 10 years then she/he would be entitled for a percentage up to as much as 50% of your retainer. It's not up to DFAS how much of a split will be it's the court system in the state where you filed for divorce as to what extent they will be awarded.
I was divorced in Harris County, Houston, Tx 1992 and retained a attorney while on leave visiting family on my side before going back to Guam. My divorce started out as non contested and in a matter of 30 days it became contested, she had come to Houston after my departure and wound up retaining the same attorney . The next thing I know I'm paying all attorney fees and she got 50% of my retainer. I was not aware that she could be represented by the same attorney , she remarried shortly after our divorce. I was under the impression this would null and void her ability to receive these benefits from that point.
Not the case she'll get this for the rest of her life until I die, this is what irritates me more than anything . I've held a immense amount of hatred towards sorry POS, for I have never understood what entitled her to this since she never did anything to further my career in all those years. I also paid a rather large child support for my children's benefit and I never had a problem with that part of the divorce. The system needs a serious overhaul in my opinion, for like anything else it needs updating or too be totally dissolved ! I welcome your feedback as well.

Varies per state that you file for divorce in.

Per DFAS :

No, there is no Federal law that automatically entitles a former spouse to a portion of a member’s military retired pay. A former spouse must have been awarded a portion of a member’s military retired pay in a State court order. The Uniformed Services Former Spouses’ Protection Act (USFSPA), Title 10, United States Code, Section 1408, passed in 1981, accomplishes two things. First, it authorizes (but does not require) State courts to divide military retired pay as a marital asset or as community property in a divorce proceeding. Second, it provides a mechanism for a former spouse to enforce a retired pay as property award by direct payments from the member’s retired pay. Retired pay as property payments are prospective only. Retired pay arrears cannot be collected under the USFSPA

If it will giver you a piece of mind and freedom and she wants it, then giver it to her. Some states don't, but then again each are different. I was married 10 years in my first marriage and we agree and it work out fine. I didn't have to give up any of my retirement. Understanding adults.

This is a very complex issue. The answer is yes and no.
Yes. The Uniformed Services Former Spouse Protection Act (USFSPA) permits state courts to apply the family law principles of their particular state when deciding how to divide military pensions in divorce.
No. They may not qualify.
Maybe. Depends on State and how good your lawyer is.

In every case, this question must be asked DURING the divorce NOT after. It is not automatic and only honored by court order.

Many have argued that dividing the pension is unconstitutional. All have failed.

Basic qualifications comes from a 10/10 'rule' which is used mostly to qualify for recipient to receive direct pay from DFAS. This part is only enforced for direct pay but typically used as a guideline by courts familiar with military divorces. 10/10 means did service member serve a minimum of 10 years of active duty service and was spouse married at least 10 years during the service member's active duty time. Keep in mind the 10/10 rule is for direct pay and only a guideline for other purposes.

If they go the direct pay route (and qualify) DFAS can only pay up to 50% of DISPOSABLE pay. If there are there is a second court order (separate child support e.g) then it is up 65% of disposable pay. If the SM has the bad luck of having more than two then it will first come, first served.

One example, is my own Mother. She divorced my father. They were married 29 years, My father served a smidge over 20. He had a break of service and a savvy attorney was able to leverage a break in service and some fuzzy math, he was able to limit my Mom to 45%. In Florida, it was new ground then. My father then decided to not work and used his disability (at time it concurrent retired/disability pay). So 45% of his disposable income was about $191 a month. His pension was at time was about $1500. Make sure you know what the potential outcomes are. My Mom got skrude.

I hope this helps a bit. But the best answer would best be offered by a qualified attorney in your area and need.

It's up to the state you divorce in, division of marital property. How it was done in FL when I divorced. 1991

I've already read DoD FMR 7000.14 (dated Nov 2014) specifically Chapter 29. This chapter details the requirements necessary to legally be entitled to this money (must meet the time requirements, must be an exact dollar amount in the divorce decree, etc.).

I have a former spouse that asked for my assistance. She meets the time requirements and the specific amount to be paid is listed but when she filed the necessary paperwork, DFAS confirmed the paperwork was all in order BUT she was NOT entitled to any money until the former service member was the age of 60.

1. Despite meeting the 10/10 requirements for a former spouse, I can find no mention of this anywhere. What regulation covers this (so I can look it up myself in black and white)?
2. DFAS informed her to contact the "former spouse department" within DFAS. I, again, can find no mention of this department anywhere. Does anyone have this number?

Thank you for any assistance you may offer.

I filed for divorce in Pennsylvania after a two year separation while I was still on active duty. My now ex-wife refused to sign documents. Eight months after I filed for divorce the judge summoned her to see him in his office, he wanted to explain to her what was about to happen by her refusing to sign anything, and she did not show up. I received a one page divorce decree with no addendums. My attorney told me congratulations you keep everything. I am not sure that is the case. During transition point at my retirement on April 2015 I was not obligated to take SBP and because there were no instructions from the court I am collecting my entire retirement. I asked the question, can she come back and do this later, and take part of my retired pay? No answer. Later DFAS granted her 20/20/20 benefits and told her that without a court order specifying what percentage of my retirement was awarded to her she was not going to receive any payments or portion of my retirement pay. I asked my attorney if after the fact, meaning I am retired and receiving full retirement pay, she can now go to court and claim that she is entitle to 50% of my pay. Will the court even entertain such request? Can they grant her part of my retirement after the divorce was final? If so, can they grant her back pay to April 2015? My lawyer told me that in PA retirement is treated as a marital asset and if she goes to court we will go fight her. That is unacceptable to me, now is June 2016 and I am still waiting to get taking to court. Another lawyer tells me that she probably contacted and attorney who told her it cannot be done after the fact, mean after the divorce was final. I am still looking for something in writing to verified all of this. Every month I get paid I am in suspense thinking, will I see have of my pay taking out or no pay due because of back pay. If she went to court and was told too late she won’t tell me of course. I am still looking for closure on this.

Good news is they, including the President, can't touch VA disability.