Posted on Jun 17, 2016
Where I can find the rules entitling a former spouse to collect a portion of someone's retirement pension?
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I have a former spouse who was married for over 10 year and is now divorced (decree clearly states amount to be collected after retirement and meets the 10/10 rule for this) but DFAS is claiming no money can be collected until the former service member is 60.
I've reviewed everything and find no mention of this "rule".
Can anyone clarify?
I've reviewed everything and find no mention of this "rule".
Can anyone clarify?
Pension
Divorce
Retirement
Posted 8 y ago
Responses: 8
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SFC David McMahon
Funny enough, read it and the ENTIRE regulation and I find no mention of the former spouse being allocated the amount listed in the divorce when the service member turns 60...
It's seems everyone has the answer I have except the one finance is giving me...
Hmmmm
It's seems everyone has the answer I have except the one finance is giving me...
Hmmmm
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CPO (Join to see)
If he didn't retire from the reserves and dependent upon what the divorce decree states I can only recommend her finding a good lawyer to help with this.
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CPO (Join to see)
Another thing might be if he went into Federal service he could have bought back his Military retirement and transferred it into FERS. If that is the case he wouldn't be entitled to retirement until 60.
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SFC David McMahon
CPO (Join to see) - Divorce decree states amount to be paid upon retirement and (somewhat humorous) the former divorce lawyer for the former spouse has since shut down (but I have the same advice)
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The age 60 retirement rule for DFAS has to do with the military member (mm) being in the National Guard. The military member may have his full twenty years in but has now transferred to the Guard, meaning that no retirement is paid until reaching age 60. If that is the case, and you will need to read the DFAS rejection letter to fully understand the reason for the rejection, then the former military spouse (fms) may be able to go back to court in order to get a ruling that the mm will have to pay the fms the portion of military retirement the mm would have received had the mm not transferred to the Guard. I would have to take a look at the divorce decree, as well as the DFAS rejection letter, to give you a more definitive answer. I deal with military issues in divorce and I have seen this come up before when the fms thought the mm was retired.
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DFAS is smoking crack if they are injecting the age 60 for collections.
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You should be able to find it in the Dept of Defense Financial Management Regulation (DODFMR) or look up the Uniformed Services Former Spouses’ Protection Act (USFSPA) under 10 USC.
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That's federal law. However, it does not apply to disability. Always call JAG
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SFC David McMahon
JAG was already contacted and the same thing posted earlier (the website essentially) was passed on the former spouse.
But thank you.
But thank you.
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There is no stickin rule! They are trying to go by the SS act do not allow it. Whatever is within your divorce decree is all that he/she is entitled to under law. It appears based on the limited information you have provided, that you are being played. Let us say you have a retirement account of your own, separate and apart from hers, any and all funds received, can be attached to that retirement account and visa versa! If it, the divorce decree needs to be changed then you must have a Change in Circumstance that was not present upon divorce or anticipated that a change would have occurred. Hope that helps.~K
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Capt (Join to see)
SFC David McMahon - I wish you success. Was hoping I found a possible reason that could be fixed.
As someone else stated it might be something in the divorce decree. Good luck.
As someone else stated it might be something in the divorce decree. Good luck.
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SFC David McMahon
Capt (Join to see) - Active duty (24 years) but another RP mentioned something.
Th decree doesn't state retirement from "what"...I wonder if this means retirement age (when not specifically listed as retirement from military service)
Th decree doesn't state retirement from "what"...I wonder if this means retirement age (when not specifically listed as retirement from military service)
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Kim Bolen RN CCM ACM
Capt (Join to see) - This is true with the guard. However, it will not be collectible, if the individual still possess' employability at age 60. They will then fall into the civilian arena and therefore it will be a projected age of retirement. The term "Retirement" is a formal one, depending on the language utilized, it may trigger the federal and state systems. But it would be rejected if that individual was still employed in some viable capacity. Hope that answers....
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You have probably tried this website: http://www.dfas.mil/
It includes customer service phone number which might help if you haven't tried that route already.
It includes customer service phone number which might help if you haven't tried that route already.
Defense Finance and Accounting Services (DFAS) provides payment services to the United States Department of Defense.
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SFC David McMahon
Already did and everything seems in order (but it isn't??)
Ha ha
Was hoping for some clarification
Ha ha
Was hoping for some clarification
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