When did my ex-military spouse retire from the military?

After exchanging more e-mail, we learned that her ex-spouse is under the Final Pay retirement system ( for those starting their military service before 8 September 1980 ). He filed for Reserve retirement in 2006 and will turn age 60 in late 2013.

What happens to your military pension after divorce?

And also note that with fewer than 10 years of marriage overlapping service the retiree will have to pay the retirement to the former spouse each month, as direct payment from DFAS is not available. For more information about the division of a military pension, see the Military Retirement section of the Military Divorce Guide.

How are marriage years treated in military retirement?

With the prior traditional Retirement military retirement, there is a commingling of effect of marriage duty years such that years are treated equally and prorated for division based on a count of how many military years were also married years—this is the “coverture fraction” allowed by the USFSPA.

Can a military spouse get DFAs after divorce?

As indicated, military retirement may be divided by a court regardless of the duration of marriage. But as long as the couple was married for at least 10 years during the member’s career, DFAS will pay the former spouse’s share directly to the former spouse.

How many times can a Navy reserve sailor retire?

An important concept to internalize before we get into the details is that most Reserve Sailors will essentially need to retire TWICE — once to Retired Without Pay status (also known as the Gray Area), and then again to Retired With Pay status — at a time unique to you, but nominally at age 60.

How are reserve retirement points divided in divorce?

Section 290607. DFAS has a publication, Guidance on Dividing Military Retired Pay which states: “If the court order provides a formula award to divide a reserve retirement, then the court order must provide us with the numerator of the marital fraction, expressed in terms of reserve retirement points earned during the marriage.

How does a divorce affect military retirement pay?

If a military retiree has a $1000 pension and his divorce decree awards 50% to his ex-spouse, each would receive $500. If the retiree is determined to be eligible for $200 of VA compensation, they waive $200 of their ( taxable) DoD pension in order to receive $200 of ( untaxed) compensation from the VA.

How long does a military spouse have to be married to be entitled to benefits?

If a retired service member served in the military for at least 20 years, a former spouse was married to the service member for at least 20 years, and the 20 years of marriage overlapped the military service by at least 20 years, the former spouse is entitled to full commissary, exchange and health care benefits.

Can a former military spouse receive TRICARE benefits after a divorce?

Under that rule, former military spouses may continue to receive Tricare benefits as well MWR and commissary and exchange privileges after a divorce. The division of a military pension is an entirely separate issue. Military pensions are viewed under law as a “marital asset.”

What are the retirement benefits for an ex spouse in the military?

The most an ex-spouse can receive is 50 percent of the service member’s retirement pay.

What happens if a former military spouse remarries?

The Defense Department has very little, if anything, to do with that decision. But what happens if a former military spouse remarries? Military rules make it clear that when an ex-military spouse remarries, the non-monetary benefits he or she retained from her former service member spouse go away.