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

That depends on the length of the marriage, was it for over 10 years? Another dis qualifier is, has she remarried and if so, has her second marriage lasted longer than your marriage? if the answer to my first question is no, then she is not. And if the answer to my second question is yes, then she is not.

My ex didn't get anything the Judge wrote on the decree she wouldn't get any of my retirement.

The military is not involved in your divorce. The judge presiding over your divorce is. The judge decides Your alimony payment you owe and you pay this amount to your exspouse using the income you have. If your retired it may come out of your retirement pay. Usually it is based on how many years your spouse spent with you while you were in the military. Your spent gets a percentage based on that.

Regardless of the number of years they spent with you, they can claim 50% of the portion of retirement earned during that time. IT HAS TO BE AWARDED BY A JUDGE, DO NOT MESS AROUND! SPEND THE EXTRA DIME AND GET A LAWYER WHO HAS DEALT WITH THIS IN THE PAST. If you want, you can always give a little more. Once awarded, you can never give less.

Mine didnt get anything but that also depends on if you are ordered to pay alimony in the divorce its like child support. The only thing I believe they cant touch is disability pay the only thing that can touch that is child support

I just went through this and the answer is yes and no. If she has been your wife for 10 years or more WHILE SERVING IN THE ARMY, then yes she is entitled to her portion of your retirement. If you were married for 15 years, but only 9 years of that marriage occurred while you were in the Army, then now.

Next it comes down to wording in the decree. You have to be very clear and specific or you could end up paying her more than what she's entitled. It can be worded 3 ways. The first way is as a percentage. This benefits your spouse. If she's awarded 25% of your retirement, then 25% when you retire would actually be worth more than 25% now (base pay increase/20 versus 30 years). Another way is as the amount of months you were married, amounting to a monthly award. This is a better way, but still benefits your ex spouse to your additional pay raises. The third way is the way I used and gives your ex spouse EXACTLY what she is entitled, no more and no less. It's called a "Hypothetical Award."

Here is the exact wording I used:

The parties agree that Wife is to receive fifty percent (50%) of the disposable military retired pay Husband would have received had Husband retired with a retired pay base of "AVERAGE OF MOST RECENT HIGH 3 YEARS" and with "NUMBER OF YEARS ex. 10.75" years of creditable service on "DATE OF SEPARATION".

I believe my wife is entitled to her portion of my military retirement..she put in the time, so she gets what she deserves, but nothing more. I do not believe she is entitled to additional pay raises and promotions I may receive, or more money based on the number of years I may serve (20 v.s. 30 years). Wording it this way gives your ex-spouse a specific amount based on IF you retired the day you separated from her. If you retired in 5 years, then you would get additional pay raises and maybe a promotion that she would NOT benefit from (she wasn't with you, so it doesn't seem fair/right for her to benefit financially from it), but she would get COLA adjustments for the past 5 years based on your hypothetical retirement date of the date you separated.

I read through the regulation and found the hypothetical award to be the most fair for both parties. Nobody benefits more than the other for the time you were together. Good luck.

If the Law hasn't changed she can get 1/2 0f your pay excluding CRSC/CRDP if you are drawing it for your time in combat.

Depends on how long you were married. Recently updated it is now armed forces wide that any marriage to have been certified before divorce of 10 years or more, the ex-spouse is entitled to a percentage of the veterans retirement, however I am unclear on whether or not it stands true if the ex-spouse remarries or not.

-Veterans' Affairs 2016

I believe it all goes by the state that you get divorced in. All deals can be made, like she keeps her 401(k) you keep your retirement. Shit like that. On my second divorce I had 12 years and in the judge said you will give her half of your retirement, I said that I am getting out of the army tomorrow.

Some states are more military friendly or spouse friendly. I think it really hurts the active duty in the case of child support and/or alimony where the service member gets divorced in a high-BAH state, and then gets stationed elsewhere. Courts don't readjust the support #'s when service members move, so they need to do their due diligence or get saddled with the high support amount.