Posted on Jun 6, 2016
Is an ex-spouse automatically entitled to a percentage of your retirement pay in the event of a divorce?
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Does the military automatically grant a percentage of retirement pay to the ex-spouse, or is that strictly a decision of the court in the divorce decree?
Posted 8 y ago
Responses: 93
first you must be married for 10 years or more to get into retirement funds when they retire. otherwise the courts make the decsion on child support.
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Each case is different. Lots of questions to answer. i.e. Date of marriage - length of marriage. etc. This question could best be answered by your service legal office . CMSgt USAF Retired
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When I retired in 2007 and got Divorced in 2009, the State of Wisconsin said that because we were married the entire time of my 25 year career, then she was automatically entitled to half, it varies by state and the venue of your divorce. I could have fought it but it dragged on for long enough, just sign and move on....
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Less than 10 years...depends on state. Make sure the divorce decree states that the spouse is not entitled to retirement pay, TSP, and anything else. Once signed and filed...good to go.
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Basically yes, if you were married for at least 6 years while on active duty. The military doesn't grant it, state courts do, and the spouse has to request it. There are standard calculations which you can read about here: http://www.dfas.mil/garnishment/usfspa/faqs.html
Basically, let the lawyers split it up, fill out the allotment, and move on.
Basically, let the lawyers split it up, fill out the allotment, and move on.
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It depends on the judge, and what state you are in. I just went through my divorce and settled out of court. She opted away from retirement for longer alimony. Basically, the system is designed to screw over men. Key word for any soldier/sailor is this PRENUP!!
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It depends upon the state in which the dissolution of marriage takes place.
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I just finished going through this in California. She was married to me for almost 18 of my 20 years. I had no choice but to give her the 48% she rates. Now she can waive her part and DFAS will honor that as well.
Now she opted for the SBP as well. It was determined in our divorce settlement that she will pay the full SBP. However, it is my understanding that DFAS will usually do 50/50 if there is no court order.
Now she opted for the SBP as well. It was determined in our divorce settlement that she will pay the full SBP. However, it is my understanding that DFAS will usually do 50/50 if there is no court order.
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