Remember the 114 month is the length of your marriage. Yes, if he stays longer, the more military pension he receives, you receive too, but it has got to be written that way in the decree. For example: “Wife shall receive 50% of husbands disposable retirement pay, the numerator being 114 months (the length of your marriage), and the denominator (don’t know yet because he’s not retired) being the total months of military service.
DFAS can reject the order to garnish your ex’s retirement. The law states that the marriage must last ten years during ten years of creditable military time to receive direct payment from DFAS that is the rule under the USFSPA.
It is complicated, so I hope this clears it up a little for you.
Previous
Index
Next
Flat
Re: retirement
Edit
Reply
Quote
