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pdm1960
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Reged: 02/15/06
Posts: 268
Loc: California
Re: retirement
      04/23/08 07:37 PM (129.198.241.63)
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Claudia,

I did some googling and found the followng. It was written by an attorney in Colorado that is why he references Colorado.


The Myth about Dividing Military Pensions
First, to dispel the myth, all states, including Colorado, have the authority to divide a servicemember's military retirement, regardless of the length of the marriage (overseas courts cannot divide military retirements). In 1982, Congress enacted the Uniformed Services Former Spouses' Protection Act (USFSPA) which permits, but does not require, state courts to divide military retirement upon divorce, legal separation or annulment. 10 U.S. Code §1408.

Nowhere is the Colorado divorce court's authority to divide military retirement limited by the length of marriage. Many people, including some family law attorneys, believe that military retirement is only divisible if the marriage lasted at least 10 years.

What the USFSPA actually states is that the Defense Finance and Accounting Service (DFAS) will pay directly the former spouse's share of the military retirement if there were at least 10 years of marriage overlapping 10 years of creditable military service (the 10/10 rule).

State courts divide military retirement for couples with fewer than 10 years of marriage all the time - it simply means that the servicemember actually has to cut the check to pay the civilian spouse, rather than DFAS making the payments.

I googled "divorce less than ten years military retirement".

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Entire topic
Subject Posted by Posted on
* retirement military_wifey 10/04/07 04:25 PM
. * * Re: retirement pdm1960   01/24/08 04:02 PM
. * * Re: retirement LovingFather   04/21/08 09:03 PM
. * * Re: retirement Samsung   04/21/08 09:24 PM
. * * Re: retirement Scarlett435   10/22/07 10:22 AM
. * * Re: retirement Claudia Joy   04/21/08 06:50 PM
. * * Re: retirement LovingFather   04/21/08 09:01 PM
. * * Re: retirement Claudia Joy   04/21/08 10:22 PM
. * * Re: retirement movingon2   04/22/08 08:11 AM
. * * Re: retirement Claudia Joy   04/22/08 09:55 AM
. * * Re: retirement movingon2   04/22/08 12:08 PM
. * * Re: retirement Claudia Joy   04/22/08 03:52 PM
. * * Re: retirement movingon2   04/22/08 04:00 PM
. * * Re: retirement Claudia Joy   04/22/08 07:31 PM
. * * Re: retirement Claudia Joy   04/22/08 08:34 PM
. * * Re: retirement movingon2   04/22/08 09:49 PM
. * * Re: retirement Claudia Joy   04/22/08 10:34 PM
. * * Re: retirement pdm1960   04/23/08 06:24 PM
. * * Re: retirement Claudia Joy   04/23/08 07:30 PM
. * * Re: retirement pdm1960   04/23/08 07:37 PM
. * * Re: retirement PaigeD   01/14/08 06:42 PM
. * * Re: retirement theanswerguy   10/16/07 11:12 PM
. * * Re: retirement beachgirl   10/20/07 09:28 PM
. * * Re: retirement Ang22007   10/16/07 01:57 PM

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