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 military retirement work in a divorce?

Litigation about military retirement typically center around the the amount of military payments to be received each month by the non-military ex-spouse. If there is possibility for future military promotions after the divorce, you should read about how to properly do calculations to handle promotion enhancements after divorce .

How is the marital share of the military pension determined?

Once you determine the marital share of your military pension, the most common method of dividing this amount is by a court-ordered percentage awarded to your former spouse. Another less common method of allocation is your former spouse receiving a specific dollar amount each month instead of a percentage.

How much does the military reserve pension cost?

And again, the educational deferment meant that he almost certainly earned zero points during that time. The actual pension amount is probably closer to $1426/month. Even if her ex-spouse earned some points during 1966-68 it might not be worth the time, hassle, and legal expenses to track down.

Can a military spouse be divided in a divorce?

” [Giving ex-spouse a portion of post-marriage benefit] of military retired pay is inconsistent with the treatment of other marital assets in divorce proceedings—only those assets that exist at the time of divorce or separation are subject to division.

How long does it take to get military pension after divorce?

The maximum amount of pension income an ex-spouse can receive is 50% of the military retirement pay. Once the order is filed with DFAS, it will take three months (90 days) for the direct payments to begin if the ex-spouse is already receiving their pension.

Can a military retirement be considered a marital asset?

For a Reserve military retirement, there are now two quantifiable different military retirements to be individually assessed to be a marital asset or not. The two retirements do not comingle in any way, and the new retirement does not modify or affect the traditional retirement in any way .

When do you retire from the military reserve?

In summary, Reserve retirement consists of two separate and distinct, and not comingled retirements, which may require two coverture fractions if one of them is not zero. Retirement earned after 1/28/08 –> retirement payments before age 60. Retirement earned before 1/28/08 —> retirement payments after age 60.

What happens to military retirement pay after divorce?

If the service member gives up retirement pay for disability pay after the divorce, the ex-spouse may be in for a big surprise when he or she finds out how much the retirement pay has been reduced. If this has happened in your case, you should contact an attorney with experience in military divorces to learn about potential remedies.

What’s the divisor for retirement in the military?

For a Reserve retirement it’s: Service multiple = (# points) / 360 * 2.5% . (The divisor is 360, not 365, because military pay is based on 30-day months. There are 360 days in a year of 12 30-day months.

Can a pension be a sticking point in a divorce?

Military pensions can be substantial, and are often a sticking point in a divorce. What Are Military Pensions? A military pension is a retirement benefit provided to military service members. Like other kinds of retirement pay, military pensions are a form of deferred compensation.