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?
Retirement
Divorce
Military Pay
Legal Services
Posted 8 y ago
Responses: 93
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In New Hampshire you have to be married 10 or more. As soon as one party files get your financial forms into the court. That will assist you big time. If she did not work you maybe required to pay support to her.
Talk to a lawyer most give free 15 minutes to ask a few questions before hiring them.
Talk to a lawyer most give free 15 minutes to ask a few questions before hiring them.
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I believe that you have to be married to a spouse for 10 or more years while serving in the military to have to pay any money.
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I know in the Marine Corps if you have been married 10 years, when you retire she does rate retirement pay. If she does not want then she can sign a form that denies it.
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CWO4 Donald Wenger
It has nothing to do with the Marine Corps. It is up to the state court where the case is being heard. There is no guarantee as to what amount (if any) will be awarded. The services have no say on the matter.
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Not necessarily. There are a few variables:
1. How many years were you married?
2. How many of those married years were you on active duty?
Anything over 10 years(if memory serves), spouse may get a certain portion of retired pay as well as commissary and px privileges(i.e. They retain their ID card). Anything over 20 years, rule of thumb is 50% retired pay plus SBP, plus retention of ID card.
Best to check regulation or even better, call your JAG office. The JAG cannot represent you, however, they can give you advice.
1. How many years were you married?
2. How many of those married years were you on active duty?
Anything over 10 years(if memory serves), spouse may get a certain portion of retired pay as well as commissary and px privileges(i.e. They retain their ID card). Anything over 20 years, rule of thumb is 50% retired pay plus SBP, plus retention of ID card.
Best to check regulation or even better, call your JAG office. The JAG cannot represent you, however, they can give you advice.
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CWO4 Donald Wenger
It does not depend on the amount of years married. The only thing that happens at 10 years is, if the judge allows a certain portion to be divided, it will be automatically sent be DFAS instead of being sent by the retired servicemember. The only time the former spouses are allowed commissary and exchange privileges is when they are 20/20/20 spouses. That means that the servicemember must have served at least 20 years and the non-,military spouse must have been married for 20 years overlapping that service. There is no guarantee that 50% of military pay is automatically awarded, but it usually happens.
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SFC Billy Huether
CWO4 Donald Wenger Actually, it also depends on the state in which the proceedings take place.
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Unfortunately it is the law, if you have been married for 10 years or more. What the spouse cannot touch is your VA disability pay. So what ever is deducted from your retirement pay by a disability award cannot go to the spouse. Manny Perez HMC (SEAL) USN Retired.
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CWO4 Donald Wenger
It is not a law. 10 years means absolutely nothing except direct payments from DFAS. The USFSPA only allows states to consider it property, but it is up to the judges how much (if any) will be awarded.
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In a lot of cases the judge will look at how long you have been married to her most states use a 10yr mark and you can end up forking over up to 50% of your retirement pay but keep in mind what state you are in. please do two things first is a divorce really needed and second get a goo lawyer
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They sure are. 50 5 if married over 10 years back when i got divorced. However. i am all Va and only thing she gets now is child support. i am on the 3 yar plan. In 3 years our youngest wil be 18 and i wil no longer have child support payments
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Only if you retired while you were both married and had been married over 10 years or more. If you retired after the divorce, no matter how long you were married she is not entitled to anything. Also, it does not matter what the court says, deters will not and does not have to follow it if the criteria is not met. I went through this when I divorced my ex a few years ago. The court actually said he was to keep medical on me and deers took my ID card and said no because even though we were married 15 years he had not retired yet.
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According to the regs only if she was with you at all locations during your career known as the 20/20 rule then comes out as percentage see DFAS and they will figure for you
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Being a soon to retire military member who is giving 33% to an ex I can tell you that federal law states the spouse is entitled up to 50% if you have been married for 10 years or longer. It is up to the state and court on how much to award up to that 50%. But they can be awarded retirement if you are married for less than 10 years...but no federal requirement for that
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