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

only if your married for more than 10 years

http://www.dfas.mil/garnishment/usfspa/faqs.html

http://www.dfas.mil/dam/jcr:1cbbab12-9765-4eee-8b5f-a6bab98b2e2c/AttorneyGuidance-03-07-2014.pdf

In Virginia, 2% of the taxable retirement income for every year married whilst in service. For example, 20 years of service, retired, was married 15 of those years, she is entitled to 30% of the disposable income. SBP is not mandatory, you can have that stopped as part of the settlement arrangement. This is all part of the decree...

Picked up a paralegal degree during a break in service. The quick answer is no not always. However, based on what I have seen, if you were married for 10 or more while on active duty, the Judge will award her a portion of your retirement. It varies by state but the federal law gives the state court the authority to divide military retired pay as a marital asset or as community property in a divorce proceeding. However USFSPA does not apply to disability benefits. A California case, Mansell v. Mansell, which was later upheld by the Supreme Court, held that while military retirement pay can be divided under USFSPA, any pay that is disability pay cannot be divided, since it was not specifically mentioned in USFSPA. This may mean that military medical retirement is exempt from the provisions of the USFSPA, I honestly have not done the research to give a definitive answer on that. It is worth noting that Puerto Rico does not divide military pensions in divorce proceedings.

Back when I divorced, a military retiree could not receive Military retirement pay and VA disability. A choice had to be made between military retirement or VA disability. An ex-spouse could collect from retirement pay, but not from VA disability. Since I had a choice I chose VA Disability. Now we receive both military retirement pay and VA disability. I know there is a mathematical equation to decide what the ex-spouse will receive. A court order may still be required to enforce payments to the ex-spouse, even though the military has determined the amount.

There's some erroneous information posted here. SGM Erik Marquez is pretty accurate, but there's some info he left out. There are one of three tests that must be met for the court to have jurisdiction on your retirement: (1) Your home of record-defined most accurately if you were discharged and told to go home today, where would that be? (2) Where you own a home or (3) lacking the previous two--meaning if your home of record were, say, Michigan, and you were getting a divorce in Virginia, Virginia cannot divide your retirement unless--you give your consent (underline that, italicize that, and mark it in bold). Some courts take you showing up as consent so be careful. Express that you do not give your consent for division of your retired pay and they're stuck.

A further problem is that most lawyers are not aware of the federal law that mandates this and will go in accordance with the state laws on divorce. Make your lawyer aware, have him find the law, and earn that money you're paying him/her.

Someone commented about the ten year thing. At ten years of marriage, DFAS will automatically cut a check to your ex-spouse for any amount the ex is awarded by the court. It is nothing more than this. Everything else is scuttlebutt.

Hope this helps. I'm 25% of my retirement a month because I didn't find this out until after the divorce. At that point, the only recourse is to sue your lawyer. Getting it changed in court is difficult, nearing impossible.

I agree with SGM V. Barracks lawyers are cool, but talk to legal. Your local SJA may, or may not know. Military one source is also a good source of info.

I have been married for 37 years and never divorced. JAG might be able to answer that for you.

Yes, I think that's crap though.

I don't think it's the Military's decision. That decision belongs to the judge officiating the divorce. The Military does, however, have the right to deduct the determined amount of spousal support and send it to her once that decision is made.