Divorce Support Forums: retirement

This comes from my local JAG office,

Former Spouse:
Retirement Pay, Under the Uniformed Services Former Spouses Protection Act (USFSA), state courts MAY treat retirement pay as joint property to be divided between a member and their former spouse. CONSULT YOUR LOCAL STATE LAWS.

How to Calculate Your Share:

The formula that states typically use to determine retirement pay proportions is:

Total Number of Months Married while Spouse was in Military

divided by

Total Number of Months Spouse was in Military

multiplied by 0.5

multiplied by 100

So,

Lets use you as an example and fill in some blanks were we don't have enough information.

Let say your entire 7 years of marriage was all while your spouse was in the military. 7 years equals 84 months.

Now lets say your spouse was in the military for the minimum 20 years for retirement. 20 years equals 240 months.

Lets do the calculation;

84 / 240 = 0.35

0.35 x .5 = 0.175

0.175 x 100 = 17.5%

I think I did the math correctly.

This means that you are entitled to 17.5% of your former spouses retiement pay (Net Pay not Gross Pay) This also excludes any disability pay.

This payment is not automatic. The entitlment has to be written into any divorce settlement.
The payment is not always by allotment. The allotment is set up through DFAS usually by the military member (because he has to pay). If he is not paying you do have several options.

Option 1. Involuntary Allotments. Former spouses can request that an allotment be paid from a members paycheck to them The request can only be made if the member has missed two months of payments. To make a request, you'll need to fill out a DD Form 2653, Involuntary Allotment Application, and file it with DFAS, along with copies of the court order. NOTE: This service member can challenge the allotment by showing an inability to pay.

Option 2. Wage Garnishment: Garnishments are similar to allotments except they don't require child support. In other words, a former spouse can ask that wages be garnished for failure to make payments. Here, the request can be made at any time, you don't have to wait until the payment is late to ask. In order to get wages garnished, you'll need to get a court order requiring DFAS to withhold funds. NOTE: The service member can challenge the wage garnishment by showing an inability to pay.

Finally, under USFSA, a former spouse can request that payments be made directly to them from DFAS. You see, just because he has been ordered to pay you he may not do it through DFAS. By getting paid through DFAS you are ensured payment on a monthly basis.

Contact DFAS at 866-859-1845

And in response to more than one spouse. The military member can possibly pay multiple ex-spouses his retirement pay depending on how long he was married to each person while in the military. But the total amount paid out will never exceed 50%. Example; Spouse #1 could receive 20%, spouse #2 could get 10% and spouse #3 could get 15% for the members retirement.
It took me 2 times to figure it out :)

Good Luck