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FAQ

Is a QDRO required for military retirement?
Requirements for Court Order to Divide Retirement And note that while many attorneys may refer to the order as a QDRO, a military retirement is not a qualified pension under section 401(a) of the Internal Revenue Code, so a QDRO is neither needed, nor is it sufficient.
How does an ex-spouse collect military retirement?
Following a dissolution of marriage, a former spouse who has at least 10 years of marriage overlapping 10 years of creditable military service may apply for direct payment of the retirement from the Defense Finance & Accounting Service (DFAS). 10 U.S. Code § 1408(d)(2).
How to calculate ex spouse military retirement?
"The former spouse is awarded a percentage of the member's disposable military retired pay, to be computed by multiplying 50% times a fraction, the numerator of which is months of marriage during the member's creditable military service, divided by the member's total number of months of creditable military service.
How is ex spouse retirement calculated?
"The former spouse is awarded a percentage of the member's disposable military retired pay, to be computed by multiplying 50% times a fraction, the numerator of which is months of marriage during the member's creditable military service, divided by the member's total number of months of creditable military service.
Is military retirement pay considered alimony?
Federal and state law allow money from military retirement pay to be withheld to meet most child support and spousal support (alimony) obligations. The Federal law is called the "Uniform Services Former Spouses Protection Act" (USFSPA) and is 10 United States Code Section 1408 et seq.
How much of my military retirement is my ex wife entitled to?
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.
How is military pension divided in divorce?
The law only allows division of disposable retired pay, which means the full military pension minus certain deductions. VA disability compensation is not a part of the military pension, and a court, therefore, cannot divide it between divorcing spouses as it could divide, for example, bank accounts and IRAs.
How long does an ex-spouse get military retirement?
These benefits, in addition to possibly 50 percent of the retired pension, include full commissary and exchange privileges and full medical benefits under the TRICARE system. These benefits remain for the life of the former spouse, or the Servicemember, or until the former spouse remarries.
How much of my military retirement will my ex wife get?
Even if you were married for less than a year, a court may award a share of your military retired pay to them. However, if you were in a long-term military marriage that overlapped with a lengthy period of service, then your former spouse may be entitled to as much as 50% of your military pension.
What is a former spouse deduction on military retirement pay?
DFAS will pay a former spouse the monthly amount or amounts awarded in the pertinent court order up to the 50% limit. The implementing regulation requires DFAS to construe all percentage awards as a percentage of disposable retired pay, which is gross retired pay less authorized deductions.
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