Military Retirement and Divorce?
I just want to know which regulation or directive covers the formula for calculating the percentage of military retirement that goes to a former spouse.
Public Comments
- When I was married to a Marine it was married 10 years and the spouse would recieve 50% of the other spouses retirement. That was 15 years ago, I don't know if it is the same.
- It's all pretty much up to the state or judge. I've heard the 10/10 rule isn't really a rule. Hopefully she'll sign off unless you forced her not to work. Or offer her a percentage that would be less than what might be levied and hope she'll take it.
- Dont know the reg but flower girl is right.
- First of all -- the issue came up because some Ex-Spouses of Military Servicemembers felt they got the shaft during their divorces -- so they lobbied Congress -- and the Result is the Uniformed Services Former Spouse Protection Act (USFSPA). This HORROR (and yes, I am a Military Retiree and FEMALE) has certain triggers and checkpoints in it for the enforcement via Military Pay Automatic Deduction to occur. It is up to the Judge in the Divorce Action as to whether the ex-spouse would or would NOT be entitled to any portion of the Servicemember's Pay/Benefits -- even after Retirement. That is determined during the Divorce Proceedings -- and I can state that most judges will NOT allow an ex to receive ad infinitum (forever) a directed split of pay/benefits, but will provide for a definite time period based on the length of the marriage and the status of the ex (in other words -- they will look at these factors, and provide a period of time for the ex to learn, then transition into earning her own income).
- I can't remember... but you can call a JAG Officer and ask. They have one at every military base... if you need a phone number just let me know. But usually the regulation is giving guidelines... the courts seem to do what they want regardless...so get the info and get it to your attorney...
- Its call the Judge. It is up to the judge that presides over the case as to how a military retirement is settled in a divorce case. I understand that the couple must be married over 10 years for the non military spouse to be entitled to any portion of the retirement.
