Divorce, Social Security, and Military Retirement

Q: I am a retiree with 23 years [mil­i­tary] ser­vice. After I retired I went through a divorce. I was mar­ried 20 years. My ex-wife gets 35 per­cent of my retired pay and I also agreed to con­tinue SBP cov­er­age for her. I have since remar­ried (2 years). My questions:

1. If my ex-wife pre­de­ceases me will I be able to name my cur­rent wife as the ben­e­fi­ciary on the SBP?

2. Related to the first ques­tion, if my ex pre­de­ceases me can she in her “will,” will the 35 per­cent retired pay to some­one else as “prop­erty” or does it revert back to me?

3. In regards to my social secu­rity ben­e­fits, if I pre­de­cease my ex and cur­rent wife, who can make a claim against my Social Secu­rity ben­e­fits? I have no depen­dant children.

–Car­los, Hud­son, N. H.

A: Well, you’ve got some great, fairly tech­ni­cal ques­tions. And I love it that you’re think­ing through things so you may plan bet­ter. This finan­cial plan­ner likes that! The source for these types of ques­tions is Defense Finance and Account­ing Ser­vice (DFAS). The DFAS Fre­quently Asked Ques­tions on SBP runs through sev­eral sce­nar­ios for you. Here’s my understanding:

1. You may be able to change your SBP cov­er­age to your cur­rent wife right now, but only if you vol­un­tar­ily pro­vide SBP cov­er­age for her. It could not have been required by a court order or divorce decree to pro­vide “for­mer spouse cov­er­age.” So if you set up for­mer spouse cov­er­age vol­un­tar­ily, you just need to con­tact DFAS in writ­ing and change the cov­er­age to your new wife. Oth­er­wise, if your for­mer spouse pre­de­ceases you, you could switch cov­er­age to your new wife using Form 2656–6.

2. Despite retired pay being treated as mar­i­tal prop­erty dur­ing the divorce pro­ceed­ings, your ex-spouse’s right to pay­ments ter­mi­nates at her death…in other words, she can­not pass that pen­sion on to some­one else.

3. Finally, when it comes to Social Secu­rity, your ex-wife should be eli­gi­ble to receive ben­e­fits as a divorced spouse based on your earn­ings record. To qual­ify your mar­riage to your ex had to have lasted 10 years (check) and she must remain unmar­ried (don’t know about that one). But the good news is that your cur­rent spouse should also be able to col­lect Social Secu­rity on your record, too, as long as you’re mar­ried nine months or longer (check) Here’s a link to infor­ma­tion on this topic at the Social Secu­rity website.

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375 responses to “Divorce, Social Security, and Military Retirement”

  1. I am con­tem­plat­ing divorce and was won­der­ing if the per­cent­age of retired pay that is allo­cated to a for­mer spouse is based on the Gross or Net retired pay. I am retired with 25 years TAFMS and have been mar­ried for less than 11 years now. We do have one child that I will fight hard to acquire joint cus­tody. I under­stand that you will not be able to pro­vide me exact fig­ures. How­ever, I am curi­ous if you can pro­vide at least some “ball park” fig­ures of what I could expect.

    1. I’m cur­rently in a divorce after 42 yrs of mar­riage. I asked same ques­tion this week to my lawyer [who used to be a JAG attor­ney]. His answer, “they split ‘dis­pos­able’ which is gross minus SBP and each pays their own taxes.”

      1. It can be com­pletely up to the judge.…there are guidelines…but the judges has descretion.

    2. It is based on gross after autho­rized deductions.

      The autho­rized deduc­tions depend on the effec­tive date of the par­ties’ divorce, dis­so­lu­tion, annul­ment or legal sep­a­ra­tion. If the date was on or after Feb­ru­ary 3, 1991, the autho­rized deduc­tions are:

      Amounts owed to the United States for pre­vi­ous over­pay­ments of retired pay and for recoup­ments required by law result­ing from enti­tle­ment to retired pay.

      For­fei­tures of retired pay ordered by court-martial.

      Amounts of retired pay waived in order to receive com­pen­sa­tion under Title 5 (fed­eral civil­ian employ­ment) or Title 38 (Depart­ment of Vet­er­ans Affairs) of the United States Code.

      The amount of the member’s retired pay under 10 U.S. Code Chap­ter 61 (Retire­ment or Sep­a­ra­tion for Phys­i­cal Dis­abil­ity) com­puted using the per­cent­age of the member’s dis­abil­ity on the date when the mem­ber was retired (or the date on which the member’s name was placed on the tem­po­rary dis­abil­ity retired list).

      1. Pre­mi­ums paid as a result of an elec­tion under 10 U.S. Code Chap­ter 73 (Sur­vivor Ben­e­fit Plan) to pro­vide an annu­ity to a spouse or for­mer spouse to whom pay­ment of a por­tion of such member’s retired pay is being made pur­suant to a court order.

        If a for­mer spouse was awarded a per­cent­age of a member’s dis­pos­able retired pay, changes in the member’s autho­rized deduc­tions will result in a change in the amount the for­mer spouse receives.

        They will not reduce the spouses share for allot­ments, tax with­hold­ings, etc.

    3. She is enti­tled to one half of your net pay. Just remem­ber in some states if it is main­tance to her or sup­port she does not have to report it on her taxes and you can’t take it off your taxes. Be sure to check with IRS and state tax offices.

      1. Incor­rect! Unless explicitely declared child sup­port, mil­i­tary retiree pay to an ex-spouse is con­sid­ered alimony by the IRS and tax­able to her.

  2. June, you may have given some bum scoop. My ex-wife was given a % of my mil­i­tary retire­ment and sbp was to be included. Now she was only enti­tled to 25%, but DFAS would not allow me to sign up my present wife for the remain­ing 75%. They said only one spouse ex or oth­er­wise. This seems inane given the tech­nol­ogy we now have but is still true.
    I am unable to sign up my present wife and daugh­ter for sbp. My wife has been try­ing to get Con­gress to cor­rect this minor glich for years but they are afraid it would be mis­con­strued as anti for­mer spouse.
    So as long as his ex wife is on there his present spouse is out of luck .
    It’s even more ironic in my case as my ex wife mar­ried the guy she left me for and so is inel­i­gi­ble to get sbp! (Unless he dies then she could reap­ply, yada, yada.)
    So them regs are awfully tight.

    1. You said what I was say­ing, Jack. Retire­ment and SBP is meant for one spouse at a time. If your ex-wife were to vol­un­tar­ily give up her retire­ment, you would be able to cover your cur­rent wife.

    2. wait a minute„ if she is remar­ried, then doesn’t she lose any claim to her por­tion of your retirement?

      1. No Lilly. If an ex spouse remar­ries, she will con­tinue to receive her share of retire­ment pay. The SBP insur­ance is the only thing that will be sus­pended, but the mil­i­tary mem­ber still can not cover a new wife. If the mil­i­tary mem­ber is deceased and the ex is receiv­ing SBP ben­e­fits, they will ter­mi­nate if the ex remar­ries before age 55. But they can be restarted if that mar­riage ends in divorce or death of her new spouse.

    3. If you look at it from another point of view. That insur­ance for the ex wife is or a pen­sion that was earned while the two of you were mar­ried. Just like if she was to be awarded 50% of a pen­sion plan if you were not mil­i­tary. Your sec­ond wife was not mar­ried to you dur­ing that time and she is eli­gi­ble for any future pen­sions you will receive. It is actu­ally bet­ter to take out a siz­able life insur­ance on you for the new spouse and child. And most likely cheaper than the monthly pre­mi­ums you pay for the SBP on your ex wife.

    4. It is my under­stand­ing that if a for­mer spouse remar­ries, ben­e­fits come to an end. Retire­ment ben­e­fits and ID card ben­e­fits are not per­pet­ual, she can only keep for as long as she’s not remarried.

      1. REtire­ment pay por­tions are indefinite..it’s a com­plete crock of ****

  3. I am a U.S. Army retiree and assist­ing my sis­ter whose spouse recently passed. Ques­tion I have is, he did not take SBP. I under­stand that his retire­ment and VA dis­abil­ity ter­mi­nates at the time of death. Ref­er­ence DIC, since she has only Social Secu­rity ben­e­fits and because of his death I do under­stand her social secu­rity will increase to his. Can she obtain DIC since she has dis­abil­ity awarded by SS because of a health prob­lem? That’s the only income she is entiled to. Appre­ci­ate an answer.

    1. It is my under­stand­ing that DIC can­not be touched by Social Secu­rity. This award is granted solely on the mer­its of the deceased mil­i­tary mem­ber. If the mem­ber passed away as the result of a ser­vice con­nected injury, had entered into retire­ment, and the mar­riage had lasted at least eight (8) years while con­tin­u­ing to cohab­i­tate at the time of death, the sur­viv­ing spouse will receive the DIC as com­pen­sa­tion which is inde­pen­dant of any other ben­e­fits. In this case, it is good that SBP was not taken out. because the law does not make pro­vi­sion for con­cur­rent receipt of DIC and SBP..

    2. tell her to apply to the v a my hus­band now deceased was receiv­ing v a dis­abil­ity at the time of his death i had filed for s. s. dis­abil­ity and was not work­ing. i filed for v. a. monthly pay­ments and I even­tu­ally was awarded both a por­tion of his v. a. and my own s. s. disability.

  4. My ex-wife and I divorced after 19 years and 11 months of mar­riage, how­ever, she was very frim about get­ting 50% of my retire­ment which was in the decree. I have since remar­ried. Does my ex-wife get the 50% of my retire­ment for the rest of her life? And do I have to buy the SBP insur­ance? Thanks for answer­ing my question.

    1. I’ve been study­ing this out as I am in a divorce after 42 yrs of mar­riage. From what I have read, first the SBP pre­mi­ums are deducted from your retire­ment annu­ity and THEN 50–50 split. Thus, she would actu­ally be pay­ing 1/2 of the SBP.

    2. Yes, she does, and yes you do have to pro­vide SBP. In 2004, con­gress signed into law pro­vi­sions for the for­mer spouse, this became effec­tive in 2008. After 10 years of mar­riage, a spouse is enti­tled to UP TO 50% of the retired pay, and now if you waive any por­tion of it for VA ben­e­fits she will still receive 50%. At your retire­ment, it should have auto­mat­i­cally been impli­mented that she get SBP. If a cou­ple are still mar­ried at the time of retire­ment, the spouse retir­ing has no option of NOT get­ting SBP. You are going to pay for it, how­ever. I am a spouse, receiv­ing my husband’s retire­ment ben­e­fits, I let him get out with my get­ting 35%. It was my choice, how­ever, and we have both remar­ried. He still has to pay. I don’t have to share retire­ment with his cur­rent wife upon his death. She was not mar­ried to him dur­ing his ser­vice. I hope this helps.

      1. Mar­ried to​.my hus­band for 8 years, he is hav­ing affair with some­one over in france I am wan­der­ing if I.will be able to get half of his retire­ment spe­cially out of 8 year of mar­riage he was sick for 7 years . Er have no kids together. And I work the whole time . This is very impor­tant to me if some­one answer my ques­tion . I will GREATFUL and thankful

        1. lunch: You didn’t men­tion if you are a mil­i­tary fam­ily or not. But, as I’ve men­tioned here many times, a mil­i­tary pen­sion is con­sid­ered mar­i­tal prop­erty. it will be up to the judge and the case your attor­ney pleads on your behalf. If so, it will be stated in your divorce decree. Good luck.

        2. If you were work­ing while he was sick 7 out of 8 years, he may be able to get spousal sup­port from you, since you were the healthy sup­port­ing spouse in the rela­tion­ship ! Just my opinion.

      2. Mine retired 9/09 and left the fam­ily the same time for his new fam­ily and didn’t have to take SBP.

        1. If you were mar­ried when he retired, you would have had to sign a waiver turn­ing down the SBP insur­ance. If you didn’t , I would look into it.

          I refused and he had to opt in auto­mat­i­cally for the high­est amount allowed. Then we divorced, I made sure it was in my decree that he was to keep the for­mer spouse SBP insur­ance for me.

      3. I have a ques­tion I was awarded half of my ex-husbands retire­ment after 26 years of mar­riage he said that he is try­ing to get a par­tial dis­abil­ity will that lowe the amount that I would receive.

        1. that’s not true„ dis­abil­ity and retire­ment are now two seper­ate things.. one does not take away from the other.,him claim­ing dis­abil­ity should not affect the por­tion you were awarded.

          1. Lucy, you are wrong. The ex spouse is awarded her share after autho­rized deductions.

            The autho­rized deduc­tions depend on the effec­tive date of the par­ties’ divorce, dis­so­lu­tion, annul­ment or legal sep­a­ra­tion. If the date was on or after Feb­ru­ary 3, 1991, the autho­rized deduc­tions are:

            Amounts owed to the United States for pre­vi­ous over­pay­ments of retired pay and for recoup­ments required by law result­ing from enti­tle­ment to retired pay.

            For­fei­tures of retired pay ordered by court-martial.

            Amounts of retired pay waived in order to receive com­pen­sa­tion under Title 5 (fed­eral civil­ian employ­ment) or Title 38 (Depart­ment of Vet­er­ans Affairs) of the United States Code.

            The amount of the member’s retired pay under 10 U.S. Code Chap­ter 61 (Retire­ment or Sep­a­ra­tion for Phys­i­cal Dis­abil­ity) com­puted using the per­cent­age of the member’s dis­abil­ity on the date when the mem­ber was retired (or the date on which the member’s name was placed on the tem­po­rary dis­abil­ity retired list).

          2. Pre­mi­ums paid as a result of an elec­tion under 10 U.S. Code Chap­ter 73 (Sur­vivor Ben­e­fit Plan) to pro­vide an annu­ity to a spouse or for­mer spouse to whom pay­ment of a por­tion of such member’s retired pay is being made pur­suant to a court order.

            If a for­mer spouse was awarded a per­cent­age of a member’s dis­pos­able retired pay, changes in the member’s autho­rized deduc­tions will result in a change in the amount the for­mer spouse receives.

            They will not reduce the spouses share for allot­ments, tax with­hold­ings, etc.

          3. The law changed a cou­ple of years ago that many peo­ple are not aware of. dis­abil­ity does not affect the ex spouses half of the retire­ment pay. Dis­abil­ity pay is paid sper­ate now. google it

          4. This change only applies to ser­vice meme­bers that have 50% dis­abil­ity or more.

          5. In my case, my ex thought he could lower my share by hav­ing an out­ra­gious amount of taxes with­held, med­ical pre­mi­ums deducted, etc. But I receive 46% of his gross after the SBP pre­mi­ums are taken out and 10% VA dis­abil­ity. I also pro­tected myself, in that I have an endem­nity clause. So he will have to pay the dif­fer­ence if he tries to lower my pay in any way, like seek­ing fur­ther dis­abil­ity, or flip­ping mil­i­tary ser­vice into a fed­eral retire­ment plan.

          6. USC 38 cov­ers dis­abil­ity pay­ments. Who­ever awarded his dis­abil­ity pay erred. Don’t count on all of it in the future if he wises up.

      4. Leona. You can remarry after you start receiv­ing your ex’s mil­i­tary retire­ment pay. That doesn’t stop unless your ex dies. If you remarry before age 55, the SPB insur­ance cov­er­age on that retire­ment pay is sus­pended. so if he dies while you are remar­ried and not cov­ered under SBP, then your pay­ments stop. The SBP insur­ance cov­er­age can be restarted if the new mar­riage ends. If you remarry after age 55, then the SBP insur­ance cov­er­age is not affected and you are cov­ered even if you are married.

      5. Leona i have a ques­tion as i am a lit­tle con­fused now. Speak­ing in hypo­thet­i­cal terms i have been mar­ried to a retired Sgt Major for 14 years how­ever we lived together 3 years before we got mar­ried. Ok I’m get­ting to the point he has decided he wants a divorce now when we were liv­ing together he was active duty and remained on active duty for another 4 years before retir­ing. Since he has never wanted me to work and our youngest is 13 i was under the under­stand­ing that in order to qual­ify for 50 per­cent of his retire­ment pay 10 of those years we would have had to be legally mar­ried oth­er­wise i’m not qual­i­fied to recieve the 50 percent.

        1. It’s up to a judge to deter­mine it but it’s highly doubt­ful you’d get 50% since you were only with him for 4 years while he was in the mil­i­tary. The years you were with him but not mar­ried don’t count for anything.

        2. The ten years only means that DFAS will pay you directly, and you will receive yoru own 1099. Less than 10 years means the ser­vice mem­ber has to pay the amount out of his pocket. In either case, the for­mer spouse awarded the por­tion of the retire­ment is liable for the taxes. A judge has the dis­cre­tion award what­ever they see fit, as long as you were mar­ried. DFAS has some exam­ples of for­mu­las that are often used, but there is no law that deter­mines the amount. The law only statesd who pays, DFAS or the ser­vice mem­ber, and that the for­mer spouse is entitled.

      6. thats not actu­ally true, check the dfas site, her enti­tle­ment to retire­ment pay is a for­mula of 50% times (num­ber of months served divided by num­ber of moths of ser­vice you were mar­ried) so if you were mar­ried for the entire length of ser­vice it is 50% or say 10 yrs of your 20yrs ser­vice she gets 50% of 50%, basi­cally the same as any 401 plan, what you build together you split together

        1. I was divorced in 2000 after 28 yrs of mar­riage. Only 19yrs counted for my benifits, so I did not receive health, com­masiry I did make sure that I was awared 55% of his pay for FSPA. I had to have my lawyer to make a deemed elec­ti­ive for that and the court did split it as com­mu­nity prop­erty even though we are not a com­mu­nity prop­erty state. I will have this for the rest of my life. In addi­tion I also receive half of his pen­sion now, and I dont lose it upon remar­riage. So do your home­work if you invested in his mil­i­tary car­era put up with all the bs from the mil­i­tary raised kids with him your inti­tled but there is the 10 yr thing. Not sure how all that works but do your homework .

      7. Hi, I was mar­ried to an Air Force ser­vice man for 17 and half years. We got divorced in 2005. I was receiv­ing 800.00 a month in child sup­port in the form of a direct deposit each month. He since retired in 09 and I still receive the same amount.
        We had 2 kids my son grad­u­ated in 09 but the amount stayed the same. My ex said to me I will just keep the amount as it is. Well my daugh­ter will be done in school this year. So my sup­pose child sup­port / my part of a retire­ment that I have never seen any paper work for will it go down. I dont even know what he is sup­pose to be send­ing me for my part of his pension.

        1. Check your divorce decree…it should out­line if you get any part of his pen­sion and the amount of it. If it does not you are not enti­tled to a dime of his pen­sion. He’s been nice enough to keep your child sup­port the same even though his pay has decreased and one of your kids graduated…time to get off the teet

        2. Yes check the divorce papers there is a good chance you will receive noth­ing. Your lawyer should have been more informed about the deemed elec­tive, you only have a yr from the date of the divorce to make it hap­pen it has to go all the way to DFAS. I worry for you.

          1. This post is directed to guest… the com­ment you made about get­ting off the teet is very objectable and just plane wrong. Also he needed to pay child sup­port, they are his chil­dren also. Lis­ten lady do your research.

          2. I did, he’s pay­ing her the same child sup­port, even though one child grad­u­ated (and there­fore he doesn’t have to pay her for that one any­more) and his pay prob­a­bly went down if he’s only on retire­ment pay (mean­ing he’s enti­tled to a down­ward mod­i­fi­ca­tion due to dras­tic income change for the one child that is left). He is MORE than pay­ing her, yet she wants more, how is that fair?

          3. As for the above where you stated that one child grad­u­ated and he does not have to pay for her any­more this could be true he needs to check the divorce decree. When I had child sup­port for my two girls, It was 600.00 a month for the both of them, and not to belower, just because one move out of the house. (She was 16 and got mar­ried) the 600.00 became the child sup­port for the one left at home. I had to gar­nish his check or he would not have paid at all. I do not know why it is that one par­ent or the other will try not to pay their share of rais­ing the chil­dren no mat­ter who they live with. I do hope you get this stright­ened out. By the way each state is dif­fer­ent I could have got­ten 800.00 a month based on his pay and what my state of NC allowed at the time, but I choose the lesser amount. He did at one time get it reduced for 4 months due to change of employ­ment but it went back to the 600.00 after that. Check into it.

          4. Accord­ing to the state of NC DOR web­site you are wrong but lucky. Child sup­port in NC ends when the child turns 18 or is oth­er­wise eman­ci­pated. Mar­riage is con­sid­ered eman­ci­pa­tion in ALL STATES as the new hus­band wife team take finan­cial respon­si­bil­ity for them­selves. Your ex could have peti­tioned to reduce your sup­port the day after your 16 year old mar­ried. His acute dis­in­ter­est gave you more money. My hus­bands decree his child sup­port auto­mat­i­cally ends when the child turns 18, grad­u­ates high school, mar­ries, or joins the mil­i­tary whichever comes first. If he went from active duty to retired and took a cut in pay that would have reduced his child sup­port require­ment by 15% or more, he also could have peti­tioned for a reduction.

          5. Part one As to the above I dont know what the NC DOR web­site says or does not say. I wrote up the child­sup­port agree­ment and he knew that when the old­est left the house that the 600.00 would be come the child­sup­port for the younger one. My hus­band was already retired when we seper­ated so the cut in pay was not for that. He was was work­ing in Kuwitt and was mak­ing alot more than his retire­ment ever was or will be. I did not try to take any of that money, since we were sep­a­rated when he went there. I could have though. It was very hard to find some­one that knew about mil­i­tary laws and I did all my home­work. His dis­in­ter­est was because he was cheat­ing and thought that I was going to drag his girl­friend (my friend of 30 yrs) yep I know she was no friend.into the divorce which I could have but chose not too. He was more inter­ested in lis­ten­ing to her than to his own lawyer.

      8. Also my under­stand­ing is that since my ex-husband chose to give me main­tance as an allot­ment each month instead of just giv­ing me a check at the first of the month, I do not have to claim it as state or fed­eral taxes and he can­not claim it on his taxes since the total DFS ben­e­fits will come as a total retire­ment ben­e­fit 1099misc. form to him at the first of next year. We will see if I get one also for the $900.00 a month they direct deposit into my acct.

  5. Hi I was mar­ried to a man in the navy and the mar­riage lasted five years. In my divirce decree it states that I am enti­tled to part of his retired pay and he has retired. The divorce clearly states this. It has noth­ing to do with the ten year law stip­u­la­tion and it has been 21 years since the divorce. Is there a time limit.

    1. You have got to be kid­ding me. It has been 21 years and you still want to leach off this guy? You must work in the Obumer admin­is­tra­tion. Twenty one years and still look­ing for a handout!

      1. I agree! Get over it and stop try­ing to take HIS money from him! You’ve got to be a Demo­c­rat! No you are not “enti­tled” to any­thing!!! Get a job lady!

        1. Hey, I’m a Demo­c­rat and a female spouse and I’d never go after my hus­bands retire­ment as I did not earn it. I work full time, always have. Doing chores and rais­ing kids (par­tic­u­larly those that are of school age) does not con­sti­tute earn­ing a retirement.

    2. this makes me sick, give the guy a break and walk away, you are no longer mar­ried to him move the hell on with your life.

    3. Wow, an old school tag chaser…

    4. if you were inti­tled to it I think you would be get­ting it but check it our. Never heard some­one only mar­ried being able to get part of the pen­sion. He might have to pay you some­thing but it will be out of his reg work not retirement.

    5. 5 years and you get part of his retire­ment? Is this a joke? Yes, their is a time limit, is time for you to get a job and it was due 21 years ago.

    6. greedy

  6. I am receiv­ing 50 % of my ex’s retire­ment pay but I was told that I can not receive any pay­ment for the next 90 days. Is he sup­posed to pay me out of hand dur­ing that time or I am to have to wait until the 90 days are up?

    1. You will get pay back to the date you filed. Do not let DFAS lay down on this one. Send a cer­ti­fied copy of your divorce decree and appli­ca­tion for ben­e­fits. Also, if SBP was not men­tioned in your divorce decree, try to have that ammended, unless you were still mar­ried at the time of retire­ment or beyond, then the mil­tiary should have not let him opt out of sur­vivor ben­e­fits. He might have tried, though, many do.

    2. DFAS will only pay from date of final­iza­tion of divorce. I had to have it in my decree stat­ing that he would have to pay out of pocket until the direct pay­ments came from DFAS.

    3. If he has been ordered by a court of law and if there is a date he is sup­posed to start pay­ing from, you can take him to court to pay for the 90 days out of his pocket. Check with the court that issued your divorce.
      When my ex set up his allot­ment and failed to pay me all I had to do was advise him of what the stip­u­la­tions were on the divorce decree and the $$ appeared in a mat­ter of 24 hours.

  7. I was mar­ried for 25 yrs. My divorce decree states that I am enti­tled to 50% of his mil­i­tary retire­ment, when I called DFAS they informed that I was get­ting 43% of his mil­i­tary retire­ment. Also, does our retire­ment increase too, if the mil­i­tary receives a raise? Also, do I get CRPD also from my ex spouse & COLA. Every­time I call DFAS they just give me the run around. Thank You,

    1. She can remarry when­ever she wants to, just like you did, and she doesn’t have to notify DFAS. You can­not recoup any pay. Here’s fur­ther infor­ma­tion for you regard­ing a bill signed by con­gress in 2004, effec­tive in 2008, and it might clar­ify for you the sur­vivor ben­e­fit plan also. You must have elected it for your for­mer spouse at retire­ment, basi­cally that’s it, the days of a spouse mov­ing with a mil­i­tary ser­vice mem­ber and not build­ing their own retire­ment are over. The mil­i­tary up until the gulf war was strictly a vol­un­tary ser­vice, I was also in the mil­i­tary, and I vol­un­teered to do it. I got out so that my hus­band could fur­ther his career and we were mar­ried past his retire­ment. A bill, signed by con­gress and Pres­i­dent Bush, in 2004 has passed. It became effec­tive in 2008. Mil­i­tary ser­vice is a joint ven­ture between mem­ber and spouse.

    2. Send them a copy of your divorce decree and reap­ply. Con­gress passed a bill in 2004 guar­an­tee­ing pay­ment of spousal monies accord­ing to the divorce decree, term of mar­riage 10 years while he/she was on active duty, and it was affec­tive in 2008. As he gets increases, you will also. DFAS is famous for the run around!! I filed a law­suit in 2004 due to my x waiv­ing his Army pay for VA dis­abil­ity caus­ing my pay to dwin­dle to Zero even­tu­ally. Many ladies filed a law­suit, and con­gress heard our cries, we got what we were enti­tled to.

      1. Your Ex did not have an option to wave his retire­ment pay to col­lect the VA dis­abil­ity, it is the law. And the law is spe­cific that a med­ical dis­abil­ity pay­ment is not an asset to be divided in a divorce. The law was the same for the entire time you were mar­ried, and it the chance that you took when you filed for divorce that you were enti­tled to any retire­ment pay­ments but but not to any dis­abil­ity pay­ments. Your Ex did not invent this. And a dif­fi­cult that it is for the VA to rate a dis­abil­ity, I am sure that his over­all per­cent­age is much below what he is actu­ally enti­tled to. As the cur­rent max­i­mum dis­abil­ity pay­ment is approx. $2700 per month for a 100% dis­abled vet­eran, I am sure that there is not one Vet out there who would not give up every penny to be dis­abil­ity free.

        1. That is false. The mil­i­tary mem­ber does have a right to waive col­lect­ing VA dis­abil­ity pay­ments in lieu of col­lect­ing full mil­i­tary retire­ment pay­ments. They have the choice but all do because of the tax benefits.

    3. You receive 50% after all autho­rized deduc­tions are taken out. Nor­mally that is VA com­pen­sa­tion and SBP insur­ance pre­mi­ums. Yes, your share will increase if there is a COLA allowance at the end of the year. You may want to amend your decree to add an edem­nity clause so that he tries to lower your share even more, then he will have to make up the dif­fer­ence out of his own pocket. That is what I did.

    4. you dont say how long you were mar­ried before he retired. That does play into all this. Also I dont know what CRPD is. but yes you do get a raise when he does if your decree is done in per­cent­ages if it is done on a base amount then the answer is no. Sucks dont it

  8. How long do you have to mar­ried in order to be awarded a por­tion of your spouse’s mil­i­tary retire­ment pay? I have been mar­ried for 6 years…

    1. hey jil my name is ter­mon­ica and i have been mar­ried for 6yrs too, and just start­ing work­ing on a agree­ment. i was won­der­ing if you got a answer to your ques­tion what are you enti­tled to being mar­ried for 6 yrs. can you please email and let me know what they told you. termonicawells@gmail.com

    2. In order to be enti­tled to any of his retire­ment you must be mar­ried 10 years. It is the same mea­sure­ment that social secu­rity uses.

      1. Is that a fact? My fiance is.close to retire­ment and I was won­der­ing if his.ex is enti­tled to any­thing since they were only mar­ried 6 yrs dur­ing his employment

        1. Danielle all you have to do to find your answer is look at his divorce decree. If she was awarded any­thing it will be in there. I would say she is not enti­tled to anything.

      2. Wrong.

    3. That is incor­rect what they are say­ing about the 10 year require­ment to receive spousal mil­i­tary retire­ment pay. There is a for­mula used to cal­cu­late what you are enti­tled to. You are only enti­tled to claim for the months your mar­riage and his ser­vice over­lapped. It is basi­cally the num­ber of years you were mar­ried divided by num­ber of years of his ser­vice. Then if you are awarded 50% of his mil­i­tary retire­ment, it will be have of what­ever share you were enti­tled to. For exam­ple: I was mar­ried 19.5 years, he had 24 years of ser­vice. 19.5 divided by 24 equals .8125% of his retire­ment I can lay claim to. I was awarded 50% so I receive 41% of his retire­ment after autho­rized deductions.

      In your case, an exam­ple would be if you divide 6 years of mar­riage by 20 years mil­i­tary ser­vice equals .30 % of his retire­ment you are eli­gi­ble to receive. If the court awards you 50% of your enti­tle­ment, you will only receive 15% of his retire­ment after autho­rized deductions.

      1. That should read .30% of his retire­ment you are eli­gi­ble to lay claim to. If the court awards you 50% of your enti­tle­ment, you will only receive 15% of his retire­ment after autho­rized deduc­tions. 50% of 30% eligible.

    4. The best advice I can give you is to obtain a lawyer who is knowl­edgable on mil­i­tary divorces. JAG usu­ally has a list of those lawyers in their office that you can pick up. They will not get involved in civil matters.

    5. Money grub­bing witches. 6 years, really. Would he get a retire­ment if he did 6 fricken years in the mil­i­tary? NO, get a job and quit sponging!!!

      1. wwww­woooooohooooo! Amen, brother! Amen!

  9. If your for­mer spouse remar­ries before age 55 is she still eli­gi­ble for a por­tion of the mil­i­tary retire­ment pay? The mil­i­tary mar­riage lasted for 18 years. If she did not notify DFAS when she remar­ried what can the retired ser­vice mem­ber do to recoup the payments

    1. To the above, if she mar­ried before age 55, not sure on that one. I could have remar­ried before the age of 55 and not lost any of the com­mu­nity prop­erty set­tle­ment (ie retire­ment) it was writen into the divorce decree that I would receive the money even if I remar­ried and keep it untill I died or which ever came first. If he dies then as his FSBP would kick in and I will receive 55% of the total of his retire­ment pay. He had me insured for the full amount. That amount can be any­thing from 300.00 to the full amount and he had me for the full amount. I am in NC and my share of his retire­ment was done as com­mu­nity prop­erty and not as almoniey there might be a dif­fer­ence of lan­guage here not sure. Hope this helps our mar­riage was 28yrs with only 20/20/19 so I was not inti­tled to the other benifits such as comm­sairy, exchange, I could have got­ten med­ical except that where I worked had insure­ance so that can­celed out that part also . It really sucks when you miss the dead­line for only a cou­ple months after all the time in that you put into the mar­riage. You might not like this answer but after 18 yrs she does deserve something.

  10. Are there any ben­e­fits for a divorced spouse that was in the mar­riage for 10 years or more? My X is still liv­ing and is draw­ing his retire­ment which wasn’t included in my divorce, Help with insur­ance or med­ical issues? Help with school? I was not work­ing dur­ing the mar­riage and now must enter the job mar­ket at the age of 62, how­ever, I am draw­ing SS on my first X who was not in the Mil­i­tary I still need help. What pro­grams, if any, are offered?? Please help.

    1. you have per­sonal issues don’t you? or are you just obsessed with the President?

    2. depend­ing on the state the local dept of human resources can help with food stamps, low income hous­ing as well as school­ing to get you a job. Even though I get some of my ex’s retire­ment (not much mind you as he is stingy) and didn’t get to keep my ID Card either. I had to go that route so I could get a job after being divorced after 29 years of mar­riage and I was 51 when it hap­pened. You can do this, it is not as hope­less as it seems.

    3. The mil­i­tary ser­vice and the mar­riage must have occurred at the same time. If you weren’t with him dur­ing any of his active duty time you’re enti­tled to nothing.

  11. Hello I am mar­ried to mil­i­tary retire,I am in his SBP„,what is SBP Im con­fuse is that a lum­some insur­ance? if he go i will get? or its monthly retire­ment pay that I recieve if he deseas ‚?my hus­band told me that ‚I get social secu­rity ‚and monthly retire­ment ‚also if he desaes i get lum­some from SBP. thank you

    1. SBP is insur­ance on your share of mil­i­tary retire­ment pay. If the high­est amount was elected, you will con­tinue to receive 55% of his retire­ment amount monthly after he is deceased. You lose the insur­ance if you remarry before age 55, but can rein­stated if that mar­riage ends. If you are col­lect­ing SBP because he is deceased and you remarry before age 55, you will lose those pay­ments. Again, they can be rein­stated if the sec­ond mar­riage ends.

  12. I was mar­ried for just over 10years and my ex-wife remar­ried 9months after our divorce. Our divorce decree states she is entil­teld to 25% , I recently retired. I have remar­ried also about 4years ago. My ex has been remar­ried longer than we were mar­ried! Is she still enti­tled to a por­tion of my retire­ment? Her hus­band has a good job and they have a clean­ing business.

    1. Yes, she is still entilted to a por­tion of your retire­ment. She will receive it until you are deceased. Remar­riage has noth­ing to do with it.

  13. Mar­ried for a year, then sep­a­rated for 2–3 years, then divorce.…am I enti­tled to any ben­e­fits? Divorced 16 years ago. I am now dis­abled and need to know what to do? Thanks!

  14. i would like to know if there is a sup­ple­men­tal pay to bring low income peo­ple that are col­lect­ing social secu­rity ben­e­fits up to the cost of living

    1. I am an ex spouse after 27 years but only mar­ried to him for 19 in the mil­li­tary. why should a new wife get all the mil­i­tary ben­e­fits ‚after he has retired,and not been with him 1 day while he was in the military.

  15. I am an Army ex-wife. We were mar­ried for 23 years. Dur­ing that time he was in Active Duty for 17 years and Total Active and Inac­tive 22 years when he retired. Or divorce decree states that I am to receive his ben­e­fits at his death. Can I also apply for SS on his retire­ment. I have recently retired myself and am on a very lim­ited income. Also there was in the works that ex-spouse (if not remar­ried could be eli­gi­ble for health and mil­i­tary ben­e­fits) At the time of the divorce I was granted 1 year of ben­e­fits because of the 20–20-15 require­ment. To receive full ben­e­fits it had to be 20–20-20 but a bill was sup­posed to go through with a new require­ment of 20–20-17. I qual­ify for that. Has that bill been passed?

    1. What ben­e­fits will there be to receive at his death? None what­so­ever unless he had to pro­vide SBP insur­ance for you in the divorce decree. I believe he took advan­tage of you in the divorce pro­ceed­ings. Your divorce decree has to state spe­cific % of por­tion of his retire­ment pay and you should have filed that with DFAS upon his retirement.

  16. Here is My Ques­tion… I was mar­ried for 36 years to an man who retired from the Navy. we were mar­ried Only 16 years of his active duty . am I entiled to recice the Tri Care Insur­ance at no cost to me? and if so how do I go about doing such?

  17. i was mar­ried for 25 years to retired air force guy who was already retired when we mar­ried, an left me for another woman . am i eleig­ble for half of his retire­ment . my only income is 330.00 ss benifits.

    1. That’s really awful but you would only be eli­gi­ble if you were mar­ried dur­ing the time he served, and that as a per­cent­age of months mar­ried over months served mul­ti­plied by .5

    2. No, you are not enti­tled, you must have been mar­ried for 10 years while he was on active duty and also it must be stip­u­lated in a divorce decree. If he elected sur­vivor ben­e­fits for you on his retire­ment, then at his death you will be enti­tled to those. Also, when he dies you can apply for his social secu­rity instead of your own, which ever is higher. Hope this helps.

    3. No you are not eli­gi­ble for his retire­ment since you were not mar­ried while he was active duty. The 10 year remarks are false.

  18. The ques­tion: retired, 100 dis­abled vet­eran divorces first wife with whom he had 1 child, now over 23. Vet­eran remar­ries and has another child, age about 5 now. He passes away. What, if any, por­tion of his sur­vivor ben­e­fits will go to his first wife? Will they be shared between the two wives? I think his young son will receive ben­e­fits, but I do not know if his for­eign wife, resid­ing out­side the USA will. Any one have expe­ri­ence or even point­ers to FAQ or ben­e­fit guides on this sort of thing? First mar­riage was over 20 years, sec­ond one about 5 years or slightly less.

    1. You are enti­tled to his SS, and the minor child gets a child’s part, the other spouse gets ZERO. She must apply for the child to receive his/her part. Go to your local SS office and apply for your deceased for­mer husband’s social secu­rity ben­e­fit. You are enti­tled. My mom applied for my father’s SS, even though he had remar­ried and had a small child when he died, she remar­ried also. She received his SS, since she was divorced from hus­band #2. Then, when hus­band #2 died, she applied for his SS and got it, his was more than my dad’s. She’s doing good, draws more than I do anyway.

  19. My wife’s 81 year old father has been diag­nosed with lung can­cer and doc­tors have given him a year to live. He is retireed mil­i­tary and has paid into a survi­ivor ben­e­fits plan for con­tin­ued sup­port for his wife. She to is 80 and draw­ing social secu­rity. She believes there will no longer be pen­sion ben­e­fits because she is draw­ing social secu­rity. I have tried to assure her that is not the case, that she will con­tinue to draw social secu­rity and sur­vivors por­tion of the mil­i­tary pen­sion. Can you help put some of those fears to rest?

    1. Sup­pos­ing her hus­band retired as a Chief (mid-point pay­grade) with 20 years in ser­vice, per­haps 40 years ago,his retire­ment was 50% of about $1379 (based on $862 base pay in 1971 mul­ti­plied by cost of liv­ing increases).

      If he was pay­ing SBP all these years, the gov­ern­ment made out on that one. Whole life would’ve been such a bet­ter deal for them. It’s also unfor­tu­nate but the gov­ern­ment will deduct the amount of social secu­rity she’s receiv­ing from the SBP amount paid to her monthly.

      So, if her hus­band retired with 20 years

      1. Hey! I’m wrong! Woohoo!

        You CAN col­lect SBP AND social secu­rity because social secu­rity comes out of your mil­i­tary check.

        For the same rea­son, you can col­lect retire­ment AND social security.

        Thank good­ness!

        1. That is cor­rect. Col­lect­ing Social Secu­rity does NOT impact mil­i­tary retire­ment or SBP!

  20. My ex-wife has can­cer and it is ter­ma­nial, my ques­tion is how or what do I do to get my retire­ment back? Are there forms I need? Or a web site. She did not remarry so can I claim her social secu­rity? If so what do I need to do in order to claim those benefits.

    1. you need to deal with the retire­ment cen­ter and obvi­ously, it won’t hap­pen until she dies. if she made more social secu­rity than you, check with SS as I think you can draw off hers if it’s more than yours.

  21. How long after a divorce is an ex-spouse able to claim her por­tion of retire­ment? I had to do divorce on my own after spend­ing thou­sands on an attor­ney, as my ex would not agree to any­thing. Our divorce was final in Sept. 2009. I also argued the court to have his child sup­port reduced. He has not been respon­si­ble toward his chil­dren since that time, but is sup­port­ing a girl­friend and her chil­dren 100%. How do I go about pet­ti­tion­ing for my share of the retire­ment. He were mar­ried for 17 years…16 of those were active duty.
    I am just won­der­ing if I have any recourse now, as he has not held up his end of the bargain!

    1. Jea­nine I am sorry to inform you but you only had from one yr from the date of the divorce to file for a share of his retire­ment. I dont know what % you would have got­ton. But you would also have had to file for a deemed elec­tion to insure your por­tion of his retire­ment after he dies if you quil­ifed. If he has you as his SBP you would ahve been noti­fied that he wanted to change it . It sounds like you might not quil­ify for that either. I dont know of any resorce but you can try.

      1. THIS IS PART TWO TO Jea­nine, when you are old enough to draw SS you will be able to draw from your x provide­ing your own SS is less than he would draw and pro­vid­ing you are not mar­ried at the time to some­one else . If he is deceased you could draw as a survi­ing divorced spouse. There are age lim­its in this so you r best bet would be to go to your clos­est SS place and have thiem explain all this to you. This can get very techi­qual . of all his yrs work­ing you should get more than you get now. .

  22. I am a retired Naval Reservist who split his retired pay with my first wife (50%). I have since remar­ried & am no divorc­ing my sec­ond wife. Prior to my sec­ond mar­riage I retired from the Naval reserves. Dur­ing the course of my sec­ond mar­riage I did not per­form any drills. I started to receive my retired pay after I turn age 60, at which time we were mar­ried. My cur­rent wife says that her lawyer told her that my Navy retire­ment is a part of our mar­ri­tal assets & there­fore she can claim a por­tion of it. My lawyer told me that she can’t. Whose right? We live in Mon­tana, if that makes any dif­fer­ence. Please respond to my e-mail address.

  23. MY ex hus­band is draw­ing 100% dis­ablity from the army. If he dies can I than draw off of this disalilty?

    1. No. VA Dis­abil­ity stops at time of death. Were you not awarded a share of his retire­ment pay?

  24. i am retired mil­i­tary, divorced.. If i remarry, will my new spouse be eli­gi­ble for an id card and any other ben­e­fits as my pre­vi­ous spouse would have been??

    1. Your new wife is eli­gi­ble for ID card, base priv­i­lages, and med­ical if you pay for fam­ily plan under Retired Tri­care. She is not eli­gi­ble for any share of your mil­i­tary retire­ment or SBP cov­er­age if your pre­vi­ous spouse is already covered.

  25. Well maybe
    Just let me know !!! been mar­ried as a sec­ond wife for approx­i­mately 15 years now

  26. I did 11and 1/2 years of active duty prior to mar­ry­ing my extrange wife., I came off active duty and enter the army reserve in 1992. In 1993 I was mar­ried to my now extrange wife and still serv­ing in the army reserves. My extrange wife left and aban­doned our home for another man in 2004. It is now March 2011, and we are plan­ning our divorce some­time dur­ing the sum­mer of 2011… Ques­tion.… will she be enti­tled to any of my retired mil­i­tary pay at age 60.. Ques­tion #2, We both worked for the state of South Car­olina and we have no kids, we worked for the state for almost the same amount of years.. so will she be enti­tled to any of my state retire­ment as well.. some­one please help and advise me what to do.. She is also plan­ning on re-marrying in August of 2011, Please give me some advice

  27. I just turned 59. next year I will be 60. I’m retired. Who or where do I go to apply for retired pay? I retired from the Army national guard.

    1. Den­zil — thank you for your ser­vice! Yu can read about receiv­ing your well-deserved retired pay here: http://​per​sonal​-finance​.mil​i​tary​.com/​2​0​1​0​/​1​2​/​w​h​e​r​e​-​t​o​-​g​o-f

  28. I AM CURRENTLY ON VA DISABLIITY AND I AM WANTING TO MARRY. I AM 62 YEARS OLD AND SHE IS 58. WILL SHE HAVE ANY SPOUCE BENEFITS IF I WOULD PASS AWAY. AND HOW LONG WOULD WE HAVE TO BE MARRIED FOR HER TO RECIEVE ANY BENEFITS. WOULD I LOOSE ANY OF MY DISABILITY BENEFITS BEING MARRIED.

  29. Sup­pos­ing her hus­band retired as a Chief (mid-point pay­grade) with 20 years in ser­vice, per­haps 40 years ago,his retire­ment was 50% of about $1379 (based on $862 base pay mul­ti­plied by cost of liv­ing increases).

    If he was pay­ing SBP all these years, the gov­ern­ment really made out. Whole life would’ve been such a bet­ter deal for them. It’s unfor­tu­nate but the gov­ern­ment will deduct the amount of social secu­rity she’s receiv­ing from the SBP amount paid to her monthly.

    So, if her hus­band retired with 20 years

    1. This oddly posted to the wrong ques­tion. Sorry! This was sup­posed to post to Marv’s ques­tion about his 80 year old parents.

  30. YOU HAVE TO BE MARRIED FOR 10 YEARS TO GET ANYTHING AT ALL AND SORRY ABOUT YOUR CONDITION, BUT YOU CAN EXPECT NO HELP FROM THE MILITARY AND THE ONLY HELP YOU WILL GET FROM OUR GOVERNMENT IF YOU MEET THEIR CRITERIA IS SSD OR SSDI with MEDICARE if you are lucky. God Bless!

  31. me and my hus­band have been mar­ried for 11 years, he may be going over­seas again soon he cur­rently is in the national guard doing the week­end a month. We have been sep­a­rated after he returned from africa he wanted to stay active so took a job at fort bragg which even­tu­ally landed a non mil­i­tary con­tract on base. While I stayed in our home three hours away after a year of his return have been sep­a­rated, I have just learned that his com­man­der (a woman) said he needed to imme­di­ately take me off his life insur­ance. I was told by many he could only do this if we divorce. what is truth regard­ing mil­i­tary ben­e­fi­cia­ries on life insurance.

    1. he can take off or put on any­one he wants.

  32. My 86 year old mom was mar­ried to my Dad for 48 years before he died in 1991. She remar­ried a cou­ple years later but then divorced that man for spousal abuse.

    My Dad served in the army with an hon­or­able dis­charge. I am won­der­ing if Mom is eli­gi­ble for any ben­e­fits. She is liv­ing on less than $10K annu­ally SS pay­ments and we are need­ing to get her some in-home care. Thanks for any help you can give me …

    1. You need to con­tact the Vet­er­ans Asso­ci­a­tion. Your mom may be enti­tled to some ben­e­fits. Then call the mil­i­tary pay cen­ter for the Army and talk to some­one in charge! Finally, your mom should be able to draw off his Soc­Sec if he made more than she did or her sec­ond hus­band. Good luck!

  33. DID YOU FIND OUT ANYTHING ON THIS i HAVE THE SAME SITATION AND MY HUSBAND AND I ARE SEPARATED AND HE DOESNT WANT TO PAY SPOUSAL SUPPORT AND HE SAID HES COMMAND IS GIVING HIM A DELINE FOR FILING PAPER WORK IS THIS TRUE? ANY HELP WOULD HELP WE ALSO HAVE A NINE OLD DAUGHTER.

    1. Anna/Elena: I think spousal sup­port is absolutely pos­si­ble. In these sit­u­a­tions, you need legal coun­sel and their exper­tise in putting together the proper doc­u­ments. Good luck!

    2. T A K E-1
      GUIDELINES FOR ARMY REGULATION 608–99
      1. Q. WHAT IS AR 608–99?
      A. Army Reg­u­la­tion 608–99, effec­tive 17 Decem­ber 2003, explains the Depart­ment of the Army’s pol­icy,
      guid­ance and pro­ce­dures con­cern­ing non­sup­port of fam­ily mem­bers, pater­nity claims, and pater­ni­tyre­lated
      adop­tion pro­ceed­ings. A sum­mary is pro­vided in this “TAKE-1″.
      2. Q. WHAT IS A SOLDIER’S OBLIGATION UNDER THE REGULATION?
      A. A soldier’s oblig­a­tion includes:
      a) Pro­vid­ing ade­quate and con­tin­u­ous sup­port for fam­ily mem­bers.
      b) Com­ply­ing with sep­a­ra­tion agree­ments, court orders and judi­cial orders or decrees.
      c) Meet­ing finan­cial oblig­a­tions promptly.
      3. Q. WHO IS RESPONSIBLE FOR ENSURING THAT SOLDIERS ARE INFORMED OF THE ARMY
      POLICY ON SUPPORT OF FAMILY MEMBERS AND ENFORCING IT?
      A. Com­man­ders are respon­si­ble for ensur­ing that sol­diers know about the pol­icy and com­ply with it.
      4. Q. IF A SOLDIER FAILS TO MEET THE REQUIREMENTS ABOVE, WHAT CAN THE
      COMMANDER DO?
      A. The com­man­der can con­sider:
      a) Mak­ing it a part of the soldier’s per­ma­nent record.
      b) Denial of reen­list­ment.
      c) Puni­tive or other admin­is­tra­tive action includ­ing elim­i­na­tion from the ser­vice.
      d) A crim­i­nal charge under the Uni­form Code of Mil­i­tary Jus­tice (UCMJ).
      5. Q. IF THE SOLDIER FAILS TO MEET THE REQUIREMENTS, CAN THE ARMY DEDUCT MONEY
      FROM THE SOLDIER’S PAY?
      A. No. The Army has no legal author­ity to deduct money from a soldier’s pay with­out his con­sent unless
      gar­nish­ment or invol­un­tary allot­ment has been ordered by a civil­ian court.
      6. Q. HOW DOES THE COMMANDER DETERMINE ADEQUATE SUPPORT FOR FAMILY
      MEMBERS?
      A. The Army will require that sol­diers com­ply with any court-ordered sup­port. In the absence of a court
      order, the Army prefers that a sep­a­rated sol­dier and spouse enter into a writ­ten sep­a­ra­tion agree­ment
      that spec­i­fies an agreed-upon level of sup­port.
      7. Q. IN THE ABSENCE OF A COURT ORDER OR AGREEMENT, HOW IS ADEQUATE SUPPORT
      FOR FAMILY MEMBERS DETERMINED?
      Ver­sion 1/14/2005
      2
      A. In the absence of a court order or writ­ten agree­ment, and until such an order or agree­ment is
      obtained, the Army has estab­lished min­i­mum interim sup­port mea­sures for sin­gle and mul­ti­ple fam­ily
      units. This sup­port is payable on the 1st of every month for the pre­vi­ous month. This sup­port must also
      be pro-rated if the sol­dier is required to pay sup­port for a par­tial month. The pay­ment should be made by
      allot­ment or direct deposit to ensure it is paid in a timely man­ner, but it may also be paid by money order
      or check. Any such money order or check that is mailed must be mailed directly to the recip­i­ent and must
      be post-marked no later than the 1st of the month.
      8. Q. IF I AM THE SPOUSE OF A SOLDIER IN A SINGLE FAMILY UNIT [HUSBAND AND
      WIFE/HUSBAND, WIFE, AND CHILD(REN)] AND LIVING OFF POST, WHAT IS THE MINIMUM
      SUPPORT THAT I CAN RECEIVE?
      A. The sol­dier will pro­vide sup­port of an amount equal to his/her Basic Allowance for Hous­ing (BAH)
      enti­tle­ments at the “with depen­dents” rate. This rate is the BAH-II rate, which is a stan­dard rate the Army
      deter­mines regard­less of where the sol­dier resides. A cur­rent BAH-II rate list is attached to this
      infor­ma­tion paper.
      9. Q. WHAT IS THE MINIMUM AMOUNT OF SUPPORT THAT I CAN RECEIVE IF WE LIVE ON POST
      IN GOVERNMENT HOUSING?
      A. In the absence of a court order, AR 608–99 does not require sup­port to be paid if the fam­ily is still in
      on-post gov­ern­ment quar­ters. This is a change from the prior reg­u­la­tion. Out­side of the fam­ily sup­port
      arena, how­ever, if the sol­dier has debts or other finan­cial oblig­a­tions for which he is respon­si­ble, the
      Army expects him to uphold those obligations.

      11. Q. IF THE SOLDIER’S RANK INCREASES AND IT RESULTS IN AN INCREASED AMOUNT FOR
      BAH, WILL I RECEIVE AN INCREASE IN SUPPORT?
      A. Yes. If the BAH enti­tle­ments increase so should your pay­ments as long as the sol­dier has not
      remar­ried or become duly oblig­ated to sup­port another fam­ily member.

      18. Q. AS A SOLDIER, CAN I BE EXCUSED FROM MY REGULATORY OBLIGATIONS UNDER AR
      608–99?
      A. Yes, a bat­tal­ion com­man­der or a Spe­cial Court-Martial Con­ven­ing Author­ity (usu­ally your brigadelevel
      com­man­der) can excuse a sol­dier from this sup­port require­ment under extremely lim­ited
      cir­cum­stances. Before excus­ing a sol­dier from his require­ment, the commander’s legal advi­sor must first
      review the action. Some bases for excusal of a soldier’s sup­port require­ment may be that (1) the sol­dier
      has sup­ported the spouse for 18 months after sep­a­ra­tion (but note that this pro­vi­sion for excusal does not
      apply to child sup­port), (2) the income of the spouse exceeds the income of the sol­dier, (3) the sol­dier is a
      vic­tim of sub­stan­ti­ated spouse abuse, (4) the spouse is incar­cer­ated, (5) a court issued an order with­out
      juris­dic­tion to do so, (6) a court order does not require finan­cial sup­port, or (7) the child(ren) resides with
      some­one who is not the law­ful cus­to­dian. Any excusal from sup­port require­ments under AR 608–99 does
      not excuse a sol­dier from fol­low­ing valid court orders.

  34. Does any­one have a case to help this sit­u­a­tion. If some­one is mar­ried when a E4, then divorces 11 years later as an E6, mem­ber stays in for 15 more years and retires as an E9. Does the ex really get to claim the % of the retire­ment at the E9 rate even with the fact that this ex has since long moved on, bought their own beau­ti­ful home, liv­ing more com­fort­ably then the 26 year vet, and to top it off, didnt even phys­i­cally or finan­cially take care of their daugh­ter for her last 12 years at home. Really???? Law really??? Lawyers Really. I dont get it?!?!?!!?

    1. If you divorced while you were still in ser­vice, then it all depends on the word­ing of the divorce decree. Whether it says she is enti­tled to her per­cent­age at the spe­cific amount you were receiv­ing at the time for pay (E-6), or it it says her per­cent­age at time of retire­ment (E-9). That’s why it pays to do research and have a lawyer that is knowl­edgable in mil­i­tary divorces.

    2. Oh yes. My hus­band is a com­man­der and forced to pay his ex at his cur­rent pay level. He was mar­ried to her for 13 years and con­tin­ued on to com­plete 30 years. She is also awarded max­i­mum SBP so if he dies she will go from receiv­ing about 2100 per month to 6500 per month until the day she dies. Even bet­ter my hus­band has been throuh sev­eral surg­eries in the past 3 years and is 100% dis­abled. He is unin­sur­able so if we build a life for the next 30 years and he dies the cur­rent sur­viv­ing spouse gets noth­ing. Why do the call it sur­vivors ben­e­fit if it is actu­ally given to peo­ple who are not in your fam­ily? if the ex wife is receiv­ing sbp and the cur­rent wife receives DIC will the DIC take away from the ex wife’s sbp?

  35. I mar­ried my hus­band in 1979 we sep­a­rated 5 months later, he was in the
    Army. Went AWOL, I never knew the sta­tus of his dis­charge. I have turned 60.
    And every­one is say­ing I can claim his ben­e­fits. Is that true. What do I need
    to research this infor­ma­tion. Please email me.

  36. I was mar­ried for 40 years and recieve 50% of his retire­ment pay and I got to keep all the mil­i­tary ID card benifits as well. I will be 57 in Sep­tem­ber, if I remarry do I lose Tri Care? I have had a heart attack, Sar­coma can­cer surgery and I have Thy­roid tumors. If I remarry is there any way to keep Tri Care for the exsist­ing health issues that I cur­rently have? What if I marry and he can not afford to carry healht care on me?

    1. You loose Tri­Care as soon as you re marry and can never get it back, even if you divorce or the new hus­band dies.

  37. My mom has been divorced for many years now from my dad who was 15 years Air Force and med­ically retired early. He screwed my mom out of SBP and so she will get noth­ing there. She is now unable to get SSI or any­thing like this because she does not have enough work cred­its, the last time she qual­i­fied was in 1973. What is my mom able to do? She can’t get dis­abil­ity or any­thing. It was an unspo­ken rule that she was not to work out­side the home. Please any advice would be great or where to even begin.

  38. No you can’t, it was a LEGAL agree­ment you made. You signed it away so you wouldn’t have to pay child sup­port to him. Why do you think you have any right to his pen­sion now that the kids are grown?

  39. My Ex-husband retired as of July 1st. I sent all of my paper­work in and the retire­ment aspect is taken care of. My prob­lem is the SBP. I have been divorced for 7 years. I had no idea that I was sup­posed to send my divorce decree in within 1 year to have the SBP enforced. My ex is now say­ing that he didnt have to do the vol­un­tary elec­tion. Now that he is retired, it is no longer an option to make any elec­tion. It states clearly in my Divorce Decree that I was to receive SBP.. What do I do now?

    1. A vol­un­tary elec­tion is dif­fer­ent from a court ordered elec­tion. you/attorney should have asked for “deemed elec­tion” and sub­mit­ted the paper­work within 1 year of the divorce. since you did not fol­low through, you are not enti­tled to receive his ben­e­fits.
      I know this is not what you wanted to hear but i hope it helps anyway.

    2. I have the same prob­lem as i was divorced for sev­eral years before my ex retired. our divorce was done w/o attor­neys and the only asset was his retire­ment. i’m col­lect­ing the retire­ment now but have con­cerns if he passes away.…hard to believe that we just have to for­e­fit it only because we did not know! i pray he lives longer than me!!! i did seek an attor­ney on this when it came to my atten­tion only after he retired and it seemed confusing/complicated to say the least but i think you can enforce it with an insur­ance pol­icy in the amount equal to the value of the pen­sion deter­mind by a for­mula but you would have to go to court etc.. to do it, at least that’s what one attor­ney told me but be care­ful though could open a whole can of worms. unless some­one tell sme dif­fer­ent i have to take my chances and hope he lives a won­der­fully long life! if you find any­thing dif­fer­ent please post back,thanks and good luck!!

      1. yea if you didn’t get SBP in the decree going back to court won’t get it for you. You can try adn fight for an insur­ance pol­icy but more than likely you would be the one respon­si­ble for the pay­ments since you didn’t plan ahead and get that writ­ten into the decree.

  40. Ques­tion: Is there a min­i­mum num­ber of years a per­son has to serve in the mil­i­tary before earn­ing some retire­ment rights? Can a per­son who served
    four years earn some mil­i­tary pension?

    1. no. can only qual­ify if disabled

    2. You have to have served active duty for 20 years to be eli­gi­ble for mil­i­tary retire­ment pen­sion. If you were dis­abled dur­ing active duty ser­vice, you may qual­ify for VA benefits.

  41. i have been mar­ried for 15 yrs. CSM US army about to get a divorce. He has cheated on me and I have emails sent to me by the females. Now when he reitires how much of a per­cent­age am I enti­tled from his retire­ment? And what else will be enti­tled we dont have any chil­dren together/

    1. You will not be qual­i­fied for TRICARE, com­mis­sary or post exchange priv­i­leges. You may be awrded part of his retire­ment pay and SBP, but that’s for a judge to decide. Good luck.

  42. Great talk Bekki, and be care­ful you being active fall under the same rule as a mar­ried man. Your EX by the spousal pro­tec­tion act can get up to 50% of your check, not 50% but up to. Also there is a For­mula in DFASE and the longer in vice mar­ried works against her. Mine is 25% of my check, sad thing it is not against the time we divorced but against my cur­rent pay. If she wins she can get a 200% pay raise from over 12 years ago. The sys­tem is broke and unfair. but now will stand up to the law and fight the word­ing. The word­ing says she is enti­tled to up to 50% IAW the 10/10 law based on a 20 year retire­ment. Since less than 2% go the dis­tance and hit 30. Prob­lem when the law was issues every­one read it espe­cially on the spouses side as it meant no mat­ter what they issue 50%. I am fight­ing right now and I am will­ing to go the supreme court on this. It is unfair and uncon­sti­tu­tional to the fight­ing men and woman of this coun­try. It also says it can be award all to the ser­vice mem­ber and no enti­tle­ment given to the spouse.

    I will keep every­one posted on my out come and day to day strug­gles on the subject.

    Your retire­ment should be looked at just like all other pay and things given to a fallen loved one from the marriage.

    Henry

  43. If your still mar­ried, and legally sep­a­rated you may want to see if JAG can help you. .I believe the amount equal to BAH is to be given to the spouse dur­ing sep­a­ra­tion until the divorce is final. BAH is money for “Fam­ily:” Hous­ing. Good Luck

    1. Nor­mally you will receive the dif­fer­ence between with and with­out depen­dents BAH rate. BAH is money to pro­vide for the res­i­dence of the mil­i­tary member.

    2. that is a bit wrong BAH is for the mem­ber the dif­fer­ence between between BAH and BAH w/ depen­dents is for the family.

  44. I am ex wife with 2 chil­dren. Divorce decree states that my ex, an active duty mem­ber, is required to pro­vide med­ical and den­tal for the kids. I know that when we were mar­ried the kids didn’t get ID cards until they turned 10. But with us being divorced and I have cus­tody, is it cor­rect that I do not have to wait until they are 10? What do I do if he is refus­ing to get them the ID card?

    1. Grl, u need to call his com­pany com­man­der. If u have full cus­tody of the kids, u do not have to wait till they turn 10 to get an I’D.

      1. You may also go to the office which issues the ID cards and explain the sit­u­a­tion. They will send him the paper­work again. You must wait 45 (I think) days for him to respond. If he doesn’t, they can issue them on his behalf.

  45. My hus­band is in the mil­i­tary for last 17 years we are mar­ried for last 10 years after 10 years he cheated on my and com­mit adul­tery. I am in the state of south Car­o­line. I work for last 10 years, I won­der if I will be able to get any alimony and half of his retire­ment of some of his retier­ment. I am alone we donot have any kids can some­one please answer my ques­tion I will be greatful.

    1. You are eli­gi­ble to receive a por­tion of his retire­ment for the 10 years you were mar­ried. But it is not auto­matic. It has to be awarded to you and stated in your divorce decree. If you are work­ing, I can’t see you get­ting alimony unless he is mak­ing way more than you.

    2. I dont know if you got all this set­tled or not. But if you peti­tion the court to divide his/your retire­ment as com­mu­nity prop­erty and spec­ify a % you will be able to keep it untill you (even if you remarry) die, all this needs to be spec­i­fied in the divorce decree. I am in NC we are not a com­min­uty state but I had my lawyer petion the court for com­mu­nity prop­erty for a share in his retire­ment. I dont know what SC uses. I had been mar­ried to him for 28 yrs at the time of the divorce.

      1. Part 2. We had been mar­ried 19 of his 20/20/20 so I did not quil­ify for the rest of the benifits, even the med­ical which I could have got­ten for a yr had I not been work­ing and had ins with my work. I would also check into the FSPA and see if you can get a deemed elec­tive for his SBP. You will be able to draw off his SS if it is larger than your own at the age of 62. See SS about this. You say you are alone so I am assum­ing that you never remar­ried or that your spouse is deceased if that is the ques­tion you can draw off which ever will benifit you the most.

  46. I am going thur a divorce cur­rently, My wife who retired Mar 2011 with over 34 years filed for a divorce with­out my knowledge…JAG called it abandonment.…we were mar­ried for 8 years, when this divorce is final it will be 9 years. I’m I enti­tle to a % of her retire­ment pay? I am unem­ployed because I gave up my employ­ment to PCS with her and found work at each duty sta­tion. I am at home now, but she retired and moved to a dif­fer­ent state with­out my know­ing. I was served with seper­a­tion papers and now in court. Some­one please let me know if I may be enti­tled to her retire­ment. There are no chil­dren of this mar­riage, but I gave up so much for her. Thank you and Pray for us.

    1. Michael the court is allowed to dev­ide mil­i­tary pay as it sees fit you dont say which state your in. If you read my response above you can do the same thing. also check into the SBP if you were­and are still mar­ried to her and she has retired she prob­a­bly had you on her SBP at retire­ment the sponser had to choose one, if he did not or if he wanted to change it as his cur­rent wife you would have been noti­fied about it​.DO NOT GET THIS DIVORCE WITHOUT A LAWYER DONT DO IT YOURSELF BUT MAKE SURE YOU DO YOUR HOMEWORK AND GIVE ALL INFO TO YOURLAWYER.

      1. OPPS SORRY AS HER CURRENT HUSBAND. I SEE THIS SO RARELY WITH MEN. ALSO DONT DARE SIGN TO WAVIE YOUR RIGHT TO HER SBP YOU NEED TO MAKE A DEEMED ELECTIVE. I DONT KNOW HOW MUCH YOU WILL GET BUT YOU SHOULD GET SOMETHING

  47. Ok here’s my story ..i was mar­ried for 23 years. we got divorced and in process of doing so he told me he was not get­ting his retire­ment because he had to pay back seper­a­tion pay. So in divorce i took 400 month spousal sup­port no men­tion of his retire­ment mon­eys. The week fol­low­ing our divorce was final he is for­given the money and is get­ting his full retire­ment. Who or where do i go to con­tact on get­ting my 50 % of his retire­ment. We are not on good terms and here is the kicker he was part of the SS num­bers that were com­pro­mised and has new num­ber . What am i to do??? I need help!!!

    1. A for­mer spouse has 2 yrs to file after he retires. But it can’t be writ­ten off in the divorce paper­work. I would check with decade.

      1. lady, you need to go back into court and get a court order for remod­i­fi­ca­tion of his retire­ment and dis­clo­sure of his income. in your order, state that you were lied to and told that he had no retirement.…try to get it mod­i­fied to change to as much of a FIXED per­cent­age as you can get!! good luck!

  48. I was mar­ried to army man for 15 yrs and 9 months, i get 50 % of his retire­ment., the ? is, do i fall under the 10/10 rule or the 20/20 rule_

    1. There is no 10/10 rule. There is a 20–20-20 rule and a 20–20-15 rule that is used to deter­mine eli­gi­bil­ity for medical/base priv­i­leges. You do not auto­mat­i­cally get 50% of his total retire­ment but 50% of a per­cent­age based on the num­ber of years you were mar­ried that over­lapped with his mil­i­tary service.

      1. What Linda says is true. there is no 10/10 rule wish there is but not and the % is based on the length of the mar­riage. I received 50% of his retire­ment which was put thur as com­mu­nity prop­erty state even thou I dont live in one, it can and should be done that way. also check into the deemed elec­tive for FSBP do this before the divorce beca­sue if you dont have it in the divorce decree and smit­tine a deemed elec­tive with in one yr of the divorce you will lose this also . Provide­ing your inti­tled to it at all.

  49. Is a for­mer spouse who is presently receiv­ing a por­tion of mil­i­tary retire­ment eli­gi­ble to con­tinue receiv­ing this incomes if the spouse remarries?

    1. Yes. Remar­riage has noth­ing to do with col­lect­ing mil­i­tary retire­ment ben­e­fits. Only SBP insur­ance is stopped if she cur­rently covered.

  50. i was mar­ried for 9yrs and eight month,is he enti­tled to my mil­i­tary retirement?

    1. yup, hire a damn good lawyer.

    2. The last time I checked you had to be mar­ried for 10 years before the spouse is allowed to any share of the mil­i­tary retire­ment. You should go see your JAG about this or an attor­ney who knows mil­i­tary and civil­lian divorce laws were this is tak­ing place.

      1. TKAMGRAND1: It is NOT true that you must be mar­ried 10 years to share mil­i­tary retired pay. You can be mar­ried a mere 3, 4 or 5 years and a divorce judge may allo­cate a por­tion to the soon-to-be ex. How­ever, a 10-year mar­riage is required for DFAS to cut a check directly to the for­mer spouse. It’s also true that a 10-year mar­riage is required for the ex to be eli­gi­ble to col­lect Social Secu­rity in retire­ment based on the ex-spouse’s work record.

      2. The 10 year mark only indi­cates if the retire­ment pay cen­ter will rec­og­nize the retire­ment share and send the money to the ex spouse. That’s it. In a com­mu­nity prop­erty state, the spouse is enti­tiled to a shared per­cent­age of retire­ment based upon the num­ber of years in the mar­riage. The 10 year mark is not a magic num­ber that auto­mat­i­cally allows a 50% share. One of the biggest mis­con­cep­tions out there.

        1. Also it is up to the court in your state weather they choose to divide the retire­ment as com­mu­nity prop­erty even if your not a com­mu­nity state. You really need to check this out. It is bet­ter for you to have a % of his check than a set amount. A set amount only give you say 300.00 not nec­es­sar­ily what your state would do but a % does give you assect to COLA when he get it your check does to if a set amount in dol­lars you will not.

      3. That is wrong.

  51. I was mar­ried to my ex for 7 1/2 years. We got a divorce and in my decree, it says I get 25% of his retire­ment. I have since remar­ried and got­ten another divorce. Ex mil­i­tary mil­i­tary hus­band, still active duty, hasn’t retired. Do I still get my por­tion of his retire­ment when he retires? We divorced in Wash­ing­ton state and this state is divi­sion of prop­erty and the judge said the length of time of the mar­riage doesn’t apply and that I am still eli­gi­ble for my retire­ment pay.

    1. Yes. It is con­sid­ered your share of joint mar­i­tal prop­erty. It all depends on how your decree is worded. You should receive 25% of the the amount you are allowed based on 7.5 years of mar­riage. It’s usu­ally length of mar­riage divided by his total years of mil­i­tary ser­vice divided by .50 (your 50%). Since he is still active duty, it could be that you are only eli­gi­ble for 25% based on his income at time of divorce. What does your decree say?

  52. i was mar­ried to my hus­band for over 25 years and had 5 kids together,we divorced,but i was not get­ting any of his retirement.neither of us were ever remarried.he passed away in july 2008.i was told i could not get any of his social secu­rity except for 150.00 monthly,i am retired from winn dixie,im 73 years old,and i am tak­ing care of my daugh­ter who has a seizure disorder,and suf­fers from schziphrenia.she is on dis­abil­ity too.she has had­seizures since 1997,and as well as numer­ous kid­ney problems.i was also told that i could not receive any of my ex-husbands retire­ment what so ever,how can this be so?where is his retire­ment money going to?it sure does not go to his fam​ily​.it is not right that we were mar­ried that long and he retired from the ser­vice and was get­ting his retire­ment before he passed.this is money he has earned for his coun­try and for his family,which his fam­ily has not seen any of this.he retired from the u.s mil­i­tary in 1976 as tech sargent.although we were divorced we still remained good friends.i need to know what canbe done about this,if his fam­ily or i is not get­ting his retire­ment then who is?thank you.wilma burcham

    1. I’m sorry for your sit­u­a­tion, but deal­ing with his retire­ment ben­e­fits should have been dealt with at the time of the divorce and stated in the divorce decree. Mil­i­tary retire­ment ben­e­fits stop when the mil­i­tary mem­ber dies unless he has provided/paid for SBP insur­ance for the ex spouse or cur­rent spouse.

      You can col­lect on his SS as an ex spouse. There are some stip­u­la­tions and I know one is you have to be over age 62. You may want to look into that again.

  53. I was mar­ried to a navy man 13 and 1/2 years. I had to move, Take care of the home, take care of chil­dren, pets ect. too… I even estab­lished a nail salon and then had to sell it when he got his new orders…

    1. Oh man I can’t agree with you more on that one. good to know I’m not the only non blood suck­ing lazy spouse out there…sometimes I really won­der if I’m alone in the mil­i­tary com­mu­nity. I am so SICK of spouses get­ting divorced demand­ing retire­ment and the world from their ser­vice­mem­ber because they “did so much” by tak­ing care of the house etc. That’s NOT a job…it’s a set of CHORES that would get done if you worked or not so stop call­ing it a job that you earned his retire­ment for. Oh and the “I can’t get a job because we move too much” excuse is a good one…I’ve lived in about 15 dif­fer­ent places in my adult hood, never once had an issue get­ting a job..some of em weren’t my fav but I always found one when I wanted one, even when we were sta­tioned in the mid­dle of nowhere.

  54. SO WHAT!!! Thats part of being mar­ried to a ser­vice mem­ber!!! You should have done your research before you entered into the mar­riage!!! You should have known that was part of being mari­ied to that indi­vid­ual… Which you did and because you loved him/her. at the time… You didn’t care about that!!!

  55. i have a friend who was mar­ried for 5 years but is now get­ting a divorce. He pays child sup­port for his child and a child by his wife that isn his. They only have one child bio­log­i­cally. He is US Army retired and receive Social Secu­rity. Is the wife enti­tled to any­thing after the divorce????

    1. If the one child is under 18, she will receive child sup­port for it gov­erned by state laws (and that child should be cov­ered under health insur­ance, make sure that’s in the decree). If he never legally adopted the step child she will not be enti­tled to child sup­port for that one as it’s assumed the bio father pays. Divi­sion of assets etc is up to a civil­ian judge based on state laws but if they were not mar­ried dur­ing his ser­vice time she more than likely will not be enti­tled to any retire­ment pay. House, cars etc is up to the judge so make sure she hires a lawyer.

  56. L.Phillips
    I was mar­ried 28 yrs/active duty 24 yrs. to an A.F pilot. I do receive just
    under 1/2 of his retire­ment (in lieu of alimony) + a stipend of SS. He remar­ried
    some yrs ago. My ques­tion: should he pass prior to me, would I con­tinue to
    receive any of his ben­e­fits? And, if not, what can I/we do to rec­tify this?

  57. If I divorce is my hus­band enti­tled to my VA dis­abil­ity as part of spousal sup­port? Can it be included to deter­mine child sup­port? (live in Ohio)

    1. Dis­abil­ity is not sup­posed to be counted in spousal sup­port by fed­eral law. How­ever, there have been numer­ous cases all over the US where a judge has taken it into account. It is of immense impor­tance to hire a lawyer famil­iar with mil­i­tary divorce. It can be taken into account for child sup­port calculations.

      1. Defi­nately on child support

  58. Im a 100% dis­abled vet­eran been mar­ried for 11 years is my wife enti­tle to my pension

  59. My hus­band is ter­mi­nally ill and i’m receiv­ing SSD. He is receiv­ing rail­road retire­ment and 100% VA ben­e­fits. What type of income would i receive when he passes. I was told only Va as RR and Social secu­rity are same pay. How much money can sur­viv­ing spouse havein sav­ings to get VA sur­vival benefits.

  60. I receive my deceased hus­band VA which is DIC and I’m not receiv­ing SBP. My ques­tion is he was an Retired Offi­cer and I HONESTLY don’t think it is fare
    that the wive’s received the same amount regard­less of their deceased hus­band Pay Grade! My late hus­band served 30 years in the Navy went from Chief, CWO2, to LCDR and this was not given to him — he earned it! So, why should my DIC be the same and some­one who Retied as an E-6 and is now deceased? Some­thing is def­i­nitely wrong with this. They put all of us Wive’s in the same POT? I guess we wive’s should be glad to receive something.….

  61. Hi, I am just got mar­ried to my hus­band in august who is inthe Nationl Guard. I am preg­nant with his only child. My ques­tion to you is , What do I do or who do I speak with if he is not help­ing me finan­cially. He does not help with the bills the rent or food. When we got mar­ried he bas­cially move in with me. Because of the preg­nancy I am not able to work as much. When I ask him about his pay he says its his money he can do what­ever he wants with it. I just don’t know what to do now because I am about to be kicked out my apart­ment. I was think­ing of leav­ing him but I am not sure if that’s the smartest thing to do since there is a baby on its way. ut he

    1. GO TO HIS COMMANDING OFFICER AND TELL THEM ABOUT YOUR SITUATION.…

  62. 20 year Navy man divorced, dur­ing my 20 years of ser­vice we were only mar­ried for the last 7 years up to my retire­ment date. So the 10 year rule does not apply…
    SBP– NO AWARD, Ques­tion: Is my X enti­tled to my annual COLA??

    1. The 10 year mark only indi­cates if the retire­ment pay cen­ter will rec­og­nize the retire­ment share and send the money auto­mat­i­cally to the ex spouse if the spouse puts in a claim for it. That’s it. If you are mar­ried less than 10 years, then the retiree must make the pay­ments rather than rely­ing on the retire­ment pay cen­ter to make that pay­ment. In a com­mu­nity prop­erty state, the spouse is enti­tiled to a shared per­cent­age of retire­ment based upon the num­ber of years in the marriage-whether that be 5 years, 9 years or 15 years. The 10 year mark is not a magic num­ber that auto­mat­i­cally allows a 50% share. One of the biggest mis­con­cep­tions out there.

      1. Rhonda, you are correct.

      2. The only way she will be allowed to receive COLA is if the divorce states her amount of your retire­ment in %. If that is the case then yes if it is a set amount then no

  63. I am active duty 18 yrs and mar­ried for 7yrs, if i divorce now and courts order a per­cent of retire­ment then is it at my cur­rent pay grade or what my rank is at my 30 yr retirement?

    1. Unfor­tu­nately, it is at what­ever your rank is at retire­ment. I agree that this is just wrong.

  64. I’m mar­ried for over 17 years, cur­rently in the mil­i­tary for over 23 years, my wife wants a divorce, She is cur­rently work­ing for the govert­ment and made more mony than I. I under­stand she can get some of my retire­ment pay (32 to 35 %), Can I claim por­tion of her civil­ian retire­ment income?

    1. Absolutely!

    2. yep„ use it as a nego­ti­at­ing point.… try to keep yours and she keeps hers.

      1. Best advice!

    3. yes,it works both ways.

  65. Jose — there is a dif­fer­ence between retired pay and cur­rent income. Retire­ment funds are often split on both sides…if she has a bal­ance in her TSP or IRAs, you may be enti­tled to part of that. The ser­vice member’s retired pay is often con­sid­ered more valu­able because it’s a reli­able, cost-of-living-adjusted income stream. In other words, it’s value is not depen­dant on the cap­i­tal mar­kets. It’ll be up to the judge if there’s a split at all, and if so, how much. Another con­sid­er­a­tion should be if she’s earn­ing a pen­sion of her own via gov­ern­ment ser­vice. If you had chil­dren, and you were awarded cus­tody, she may have to pay child sup­port. While there are oth­ers, that’s the most likely sce­nario of tap­ping into her cur­rent income. Good luck to you!

  66. I reitred after 25 years of active duty and took my ex-wife off of my SBP cov­er­age. I receive my Army pen­sion which she gets a por­tion of and I also receive VA Dis­abil­ity, which she gets none of. I received a call from the VA say­ing they are going to take back a por­tion of my Dis­i­bil­ity because they were not “informed” of my divorce. It clearly stated in my divorce that she was not to get any of my VA Dis­i­bil­ity ben­e­fit. How can they take a por­tion of my ben­e­fits away if she wasn’t to receive any of it at all in the first place? We are talk­ing 7 years worth!

    1. va dis­abil­ity is on % if you receive more than 20% and you are mar­ried you get more than if you are sin­gle so that is the por­tion they are tak­ing back from the time you were divorce you should have got­ten sin­gle pay not mar­ried, check the pay chart.

  67. My hus­band and I mar­ried in 1989 he’d already been in the air force for 12yrs. He retired in 1995 with 19 1/2 yrs. We’ve been mar­ried now for 23 yrs. My ques­tion is would I be enti­tled to any of his mil­i­tary retire­ment. In our divorce.

    1. you should be enti­tled to a por­tion of his pay.for the time that he was still active while you were mar­ried. The yrs you spent with him after his retire­ment do not count. I know that sucks..

  68. I am in the air force and my wife left me while i was deployed and she ended up get­ting spouse sup­port for a year. If she is depend­ing on that check every month, may I still keep my depen­dent pay dur­ing that year even thou we are divorced?

    1. Depen­dent pay stops when the divorce is final­ized unless you have minor children.

  69. I was mar­ried to a retired coast guard for 20 years but we are only mar­ried for 1/12 years dur­ing his active days. the rest he was already retired. and left us . Iam plan­ning to file a divorce . Am I enti­tle to any part of his retire­ment? I have three chil­dren. 22, 21 and 15 years old. both the 21 & 22 years old are study­ing in Col­lege. and my youngest is still in High School. He is giv­ing us $ 1,350.00 from his VA and he is 100% dis­able and also we are receiv­ing SS since I still have minor. Hav­ing 3 kids who are still study­ing is very expen­sive and the money he is giv­ing us is not even enough to cover for our expenses. like edu­ca­tion , med­ical expenses and daily liv­ing expenses. Please advice what am I sup­pose to do? He is receiv­ing more than 8K per month.

    1. You would only be elig­ble for that 1.5 years you were mar­ried while he was active duty. You can ask a judge for sup­port to help with col­lege expenses. It’s not auto­matic and it would depend on the judge and how much you each make. He would have to pay child sup­port for the youngest until he graduates.

      You can also ask for alimony if he is mak­ing 8K a month and you are mak­ing a con­sid­er­able amount less.

      Get a good lawyer, you are going to have to fight for what you need.

      1. Marry also check into the kids rights. If I am not mis­taken they can stay on his tri­care (champs) and he has to pay the pri­ums for them Not sure how this applies to coast gaurd. They should be int­ti­tled also to a mil­i­tary ID. I am going out on a limb here but it does not hurt to have your bases cov­ered. I was going to sug­gest SS but you are on top of that. good luck and do get a very good lawyer.

  70. Hi ‚I’m ben marry for 23 years when hi stay on active duty for almost 30 ‚(USCG) .
    I’m sick­ing for divorce ‚How much I’m a lout and what?

  71. I was awarded a % of my for­mer spouses retire­ment. Its been 12 years since the divorce and I was just propsed to. I have not recieved any pay yet as he is still in. If get mar­ried will I loose the right to col­lect the retirement?

    1. No.

  72. I am mar­riaged for five years. My hus­band retired 30 years ago from Navy. He has no pay­ment for SBP. If I am eli­gi­ble to enroll for SBP?

    1. no,it should have been done with in one year of the marrige.

  73. I retired from the Navy 30 years ago and remar­ried 5 years ago. My wife is not a cit­i­zen, but is a per­ma­nent res­i­dent. Is my wife eli­gi­ble to enroll for SBP?

  74. I have 11 years in the National Guard and a vet from DS. Do I have any options for a retire­ment or do I just lose the 11 years of ser­vice?
    Thanks
    Sgt Wright

    1. no,you need to do 20yrs

    2. If you get a fed­eral or state job, I believe your mil­i­tary ser­vice time will be rolled into/counts towards the fed­eral or state retire­ment plan.

  75. Ques­tion? … Retired after twenty plus years.… years later Mar­ried in the event we get divorce does my spouse enti­tle to any of my ben­e­fits ? Florida

    1. If you were not mar­ried to your cur­rent spouse dur­ing your active duty time, she is not eli­gi­ble for any share of your mil­i­tary retire­ment pay.

  76. I am sep­a­rated from my hus­band after 22 years of mar­riage. He was med­ically retired (Dis­abled Vet­eran rated at 60%) after 16 years of mil­i­tary ser­vice in 2003. Since then, he earns (mil­i­tary only as he has another full time job) roughly $1400/mos. from the VA — dis­abil­ity pen­sion, and $500/mos. from his reg­u­lar Army retire­ment pen­sion. I am try­ing to fig­ure out what I am enti­tled to (pen­sion, health­care, and SBP) as my attor­ney men­tioned that its not worth going after any­thing con­sid­er­ing his VA pen­sion is untouch­able and his reg­u­lar pen­sion is minor (50% is $250/mos.) She sug­gested to nego­ti­ate for some­thing else in lieu of any mil­i­tary ben­e­fits, but after read­ing this blog, I’m not so cer­tain. Any advice? Thank you! (and I will share my find­ings to help others)

    1. it’s not worth it.. just move on!

  77. My hus­band served 28 1/2 years in the USMC and we took the min­i­mum SBP required; 3%. Our ques­tion is this; if SS is still around when I (the spouse) reaches the age of which to receive SS, can I receive my SS, while we still con­tinue to receive my hus­bands mil­i­tary retire­ment pay?
    PS We’ve been together for 39 years and have no inten­tions of divorcing.

  78. I am a sep­a­rated (only by distance),but still LEGALLY mar­ried Navy wife, of 12yrs, and we have 4 depen­dent chil­dren. He is still enlisted and has been now for 14yrs. My ques­tion is, can he change the ben­e­fi­ciary on his SGLI to some­one else, if he pre­cedes me in death? Also if he gets out of the Navy on med­ical dis­charge, can and when will I start to receive social secu­rity benefits?

    1. OK first off I think if you are legally sep­a­rated he can change the ben­e­fi­ciary on the SGLI. But he cant do it if he dies first but to answer the ques­tion if you are LEGALLY sep­a­rated he can make the change. Sec­ondly if he is put out on med­ical retire­ment then I think you will have a hard time get­ting any of his money since it wont be con­sid­ered actual retire­ment and just so you know if he ends up get­ting a dis­abil­ity rat­ing from the VA you can NOT touch that money. Its dis­abil­ity and you are not enti­tled to it. Why would you think you will be get­ting social secu­rity ben­e­fits if he is put out on med­ical? It would be his money.

  79. What will hap­pen to a mil­i­tary mar­ried sep­a­rated over 7yrs from his wife and have a baby from some one else that going to divorce his wife?

  80. hello, need some help under­stand­ing ..
    ex-spouse is on ssdi and receives dis­abilty pay­ments from mil­i­tary as well..
    I was mar­ried 33 years and since there was no mil­i­tary pen­sion to fight over it was a sim­ple divorce..
    Am I enti­tled to draw any­thing off of his social secu­rity or his mil­i­tary dis­ablity pension..He gets both checks per month and the mil­i­tary dis­abilty check is higher than the ssdi check..
    i am at retire­ment age soon..

  81. I was mar­ried to a Marine who was 100% med­ically retired (lost both his legs below both knees dur­ing Viet­nam). We divorced after less than 10 years of mar­riage due to domes­tic vio­lence. We had 2 sons dur­ing our mar­riage. I raised both our sons. I have never remar­ried. He passed away in 1996. I’ve been told I am eli­gi­ble for a por­tion of his VA and Social Secu­rity. Some agen­cies say yes, some have shot me down. I’m look­ing for FACTS and accuracy.

  82. My hus­band aban­doned me last August after 41 years of mar­riage. Of those 41 years he was in the Navy for 20 and he is retired. I found out that although I thought we were mar­ried the entire 20 he had served, I miss that 20 years by 10 days. Does any­one know how much of his retire­ment I get and for how long? If I ever remarry do I still get his retire­ment? I know I can­not get Tri­care because of that lousy 10 days which I think is wrong.

  83. I have a friend who’s hus­band was retired after 20 years in the Air Force.
    He basi­cally tricked her into giv­ing up her share of his retire­ment, in return for her get­ting full cus­tody of the 2 chil­dren. Then hav­ing got­ten 100% of the retire­ment, he talked the youngest into mov­ing away with him. It has been years ago, she now has no retire­ment & barely gets by. Is there any­thing she can do about get­ting a share of his retire­ment now? They were mar­ried for a lit­tle over 20 years.He would not let her work & have here own retirement.

    1. No. Noth­ing she can do now.

  84. After my hus­band was divorce his ex. He did sign a paper about he will give his life insur­ance to 3 kids. Now those kids 30′ years old now. Now he’s mar­ried with me for 8 years but no kid together. Can he change his life inse pol­icy? I’m not us cit­i­zen but I have a green card. My hus­band will retire­ment soon. He’s 64 years old and not healthy. Im only one tak­ing care him for 8 years. If some­thing will hap­pen to him. What should I do? Every­thing going to his ex-wife right. Can some­one help me give me the answer,please?

  85. My hus­band and I mar­ried in 1990 he’d already been in the Coast Guard for 18 1/2yrs. He retired in 1991 with 22 yrs. We’ve been mar­ried now for 22 yrs. He cheated me and left me with three kids. He is giv­ing us % from his VA ben­e­fits . My ques­tion is would I be enti­tled to any of his mil­i­tary retire­ment, VA dis­abil­ity and SS in case i file a I divorce?

  86. I was mar­ried to my ex hus­band for 20 yrs. WE had 2 chil­dren who are over 18 yrs old now .My ex remar­ried, the mar­rage only lasted 2 yrs they were divored for 2yrs now. He just died from can­cer at age 50. Is my sons or I eliglble for any of his SSI or dis­abil­ity or anything?

  87. I was in the ser­vice for 10 years and 9 months before I mar­ried then I fin­shed active duty for another 13 months while mar­ried and 8 years of reserve. We remained mar­ried for 15 years before divorc­ing so I am won­der­ing will she be eli­gi­ble for all the years I was in the ser­vice before we were married.

    1. No just for the num­ber of years she was mar­ried to you while active duty/reserve duty. I’m not clear on how they cal­cu­late reserve days. That is another can of worms.

  88. I was a severely injured com­bat sol­dier whom had a trau­matic brain injury. Upon med­ical sep­a­ra­tion I was forced to take SBP plan I did not even know what it was. 7 years later I have not paid into it soon to be x wife refuses to pay into it . I do not receive retire­ment pay and she has waived all for­mer spouse ben­e­fits as part divorce set­tle­ment. She has stalled the final divorce now for two years. Courts don’t know how to han­dle this topic any­one know how to resolve this issue . How to ter­mi­nate and remove arrears etc and just get this SBP hell removed?

    1. If you are not required to keep SBP in the final divorce decree than you can ter­mi­nate the SBP when the divorce is finalized.

      How did they allow you to take cov­er­age with­out pay­ment of pre­mi­ums for 7 years? Are you sure they aren’t deduct­ing from your VA dis­abil­ity? I would check with DFAS to see if you could sub­mit for a hard­ship so they can for­give any­thing amount in arears.

  89. Ive been mar­ried for 34 yrs to the same man but we have been sep­a­rated for 32 yr, i am cur­rently col­lect­ing dis­abil­ity for myself and he is retired and dis­abled, what am i enti­tled to from him,.. we had 1 child together which i raised by myself, she is now 33 yrs old, A
    m i enti­tled to his death ben­e­fits if he should pass ? If so will it affect my dis­abil­ity checks i receive ?

  90. I’m recently divorced, and receiv­ing alimony for two more years.
    My ex is retired mil­i­tary (active and reserve), and started receiv­ing mil­i­tary pen­sion after our divorce. Our divorce is final, and we did it our­selves (with­out a lawyer). There is a pro­vi­sion in the divorce decree which says that I do retain rights to any spousal ben­e­fits.
    My ques­tion, how old do I have to be to col­lect?
    Does my abil­ity to col­lect start when my ex starts to col­lect?, or do I have to wait until age 62. (My ex is already 62, but I’m not).
    What web­site has infor­ma­tion about spousal retire­ment age?

  91. I was divorced back in 2001 after 20 years of mar­riage and one child. Dur­ing the divorce pro­ceed­ings the medi­a­tor advised me that I was not enti­tled to any mil­i­tary retire­ment. My ex-husband remar­ried shortly after our divorce. That mar­riage only lasted 8 years. Recently I have been told that I am enti­tled to part of his retire­ment because I was his longest last­ing mar­riage. If this is true what is the next step?Thank you

  92. My hus­band divorced his first wife in 2004 and he retired from the mil­i­tary in 2007.… my prob­lem is he thought he had 4 chil­dren and come to find out he actu­ally only has 3. The prob­lem i am fac­ing is , when the child that wasnt his turned 18 and stopped reciev­ing health and child sup­port ben­e­fits from the mil­i­tary.. he was told the child was not his. The issue is … the child had been reciev­ing these ben­e­fits from the time of the divorce in 2004 and the retire­ment was in 2007 and pay­ments stopped in 2008. Was it legal for her to keep the knowl­edge that the child was not his from not only my hus­band the vet­eran, but from the mil­i­tary that was giv­ing the child sup­port for those years?.. And to add insult to injury.. she is going to be tak­ing half of his retire­ment after the child sup­port low­ers below 65% and she can get the 50% she feels she deserves. I am beside myself with anger that she can have another mans child and still think she can get away with abus­ing the sys­tem. I believe in sup­port­ing the chil­dren, but the child even called on his 18’th birth­day and said he was going to blow my hus­bands head off and we couldnt fig­ure out why till my other step son told me he was not my hus­bands child. Any help would be appreciated

  93. I was mar­ried for 9 years in my divorce my hus­band agree to my por­tion of his retired pay, how­ever, he dis­ap­pear and did not fol­low the court order. I can’t locate him. What can I do so get my por­tion and what he owes me?

    1. HE HAS TO FILE INCOME TAX…SEND AGREEMENT TO FEDERAL INCOME TAX WITH LETTER EXPLAINING YOUR SITUATION.…PUT A HOLD ON ANY TAX RETURN HE HAS COMING…ASK FOR HIS LOCATION…ALSO CONTACT MILITARY PAY IF HE IS RETIRED FROM THE MILITARY…SEND THEM THE SAME INFORMATION..

  94. My hus­band was active duty Navy for four years and 22 years in the reserves. We have been mar­ried for 32 years, 9 of which were dur­ing his reserves years, but are now get­ting a divorce. Am I enti­tled to any of his retire­ment, which he already receives?

  95. I recently mar­ried a man whom has been in the army 21 years and will retire in 4 years. I am 36 , he is 39. He was mar­ried for about 13 years before. He has told me he can not pre­vent the ex from get­ting half of his retire­ment down the road. If she remar­ries will she still be enti­tled? What if she mar­ries then divorces or cohab­i­tants with some­one as hus­band and wife?

    1. If it’s in the divorce decree then yes, he pays her until his death (or after if SBP is in there as well) regard­less of who she lives with or if she gets remar­ried (how is that for a crock of crap). If she didn’t ask for it in the orig­i­nal decree then she prob­a­bly won’t get it. It is ALL depen­dent on the word­ing of the orig­i­nal decree.

  96. My soon to be ex hus­band will be claim­ing dis­abil­ity. We have two chil­dren and he rarely pays child sup­port. I did not know if I was enti­tle to some of that dis­abil­ity and how do I go about receiv­ing it.

    1. YOU are not enti­tled to his dis­abil­ity in the least. Your CHILDREN might be. The ONLY thing that dis­abil­ity can be taken into account for is child sup­port pay­ments. Either way you need a court order and a lawyer.

    2. CONTACT WHOM HE WILL BE GETTING HIS DISABILITY FROM…GIVE THEM THE LEGAL PAPERS STATING THIS…
      ALSO SEND TO FEDERAL AND STATE TAX THESE LEGAL PAPERS…
      HE HAS TO FILE TAXES…ANY REFUND DUE TO HIM..
      THE AMOUNT SHOULD BE GIVEN TO YOU…

      1. if he receives va dis­abil­ity you can file for an appor­tion­ment with the va for your child sup­port & alimony. i was told that you could receive more than what he was cour­tordered to pay. if you can prove thru child sup­port divi­sion their is arrears they will act swiftly to cor­rect the sit­u­a­tion. google, appor­tion­ment. va site says, you can col­lect child sup­port & alimony against va dis­abil­ity pay.

  97. I have moved and also have a new check­ing accout and need to change these in order to con­tinue reciev­ing direct deposit for my check from my ex’s retire­ment. I have waited to speak with some­one over the phone then told no calls are being taken du to hight volumnes of calls. I have tried to go through mypay and have got­ten no where. I do not know what the infor­ma­tion such as log in and pin is. Can any­one help?

  98. PLEASE HELP… so con­fused. My friend is an active duty for 13 years. He was mar­ried for five years and seper­ated for another 5 years. Finally, a dis­so­lu­tion of mar­riage granted last month. They have one child together. Mother never lets him see the child or speaks to him.…only comes up when its time for money-she changes phone num­bers every other week-no com­mu­ni­ca­tion for months at a time. The dis­so­lu­tion reads — non mod­i­fi­able and she gets alimony. He would like to know if ex wife is enti­tled to any of his retire­ment? Any­thing else he needs to make sure she does not get? Any sug­ges­tions on how he can remove alimony or dis­pute the judge­ment? If he decides to get remar­ried, would any­one take that into con­sid­er­a­tion with pay­ments?? any­thing would help. thank you.

    1. If retire­ment is not spec­i­fied in the decree then she more than likely can’t get it. How­ever, if there is NO men­tion of retire­ment in the decree she may be able to con­test it later on (as in it’s not relin­quished in the decree). Most every­thing else he will NOT be able to get mod­i­fied. Check the state laws though since most states are mov­ing away from per­ma­nent alimony in favor of tem­po­rary alimony (for say 5 years etc). And even if he gets re mar­ried that will have absolutely zero impact on a judge.

  99. Would the Air Force exer­cise any juris­dic­tion to notify an only grown son of the death of his father 12/5/2011 who is to be buried in Arling­ton 2/6/2012? The widow adamantly refuses to acknowl­edge the son and his loca­tion. It was the expressed desire and request of the deceased, prior to his death, that the son be noti­fied. All avenues to locate the son have led to a dead end. Thank you in advance for any response.

  100. can i col­lect alimony after being divorced for 9 years?

    1. I do hope you are seri­ously kid­ding because if you are not, you take the cake for being an ulti­mate leech. And as with every­thing, if it wasn’t in the orig­i­nal decree then NO. And even if it was in the decree most states have gone away from life­long alimony pay­ments. Get a job and stop try­ing to make your ex pay for your existence.

  101. i have a question,my hus­band and i have been mar­ried for 22 years,and 20 in the army,he was mar­ried before he was in the army but the mar­riage only last a year,he is about to retire ‚does she get any money ‚i was told she wont noth­ing since the were mar­ried before he went to the army,is this true.

  102. MY HuS­BAND IS AMERICAN CITIZEN HE WAS IN USA NAVY FOR 2 YEARS IS HE INTITLED TO ANY BENEFITS( 1958 )by then was obligatory .

  103. NOW, I TOOK EARLY RETIREMENT IN 1995. COMPLETING 17 YEARS 10 MOS 1 DAY OF ACTIVE SERVICE. DO I GET 32.5% FOR 15 YEAR? AND FOR THE 2 YEARS 10 MOS 1 DAY AM I TO GET 3.5 FOR REMINEDER FOR A TOTAL OF 10.5% MORE.

  104. June, you gave the wrong answer to ques­tion num­ber one con­cern­ing nam­ing the cur­rent wife as SBP ben­e­fi­ciary if his for­mer wife pre­de­ceases him. If he was court ordered to name his ex spouse as SBP ben­e­fi­ciary he CAN name his cur­rent wife as SBP ben­e­fi­ciary if the ex spouse pre­de­ceases him. This is too impor­tant of a ques­tion to be answer­ing incor­rectly! Too many peo­ple are rely­ing on your answers. Please research this ques­tion again and answer it cor­rectly. If you do not know the answer next time it is bet­ter not to answer then to give false infor­ma­tion on such impor­tant issues. Thanks — Frank

  105. I’m get­ting a divorce from my wife, we been mar­ried for 12yrs. She joined the mil­i­tary in 2004 when we were at year five of our mar­riage. My ques­tion, is she enti­tled to any of my retire­ment pay when she was only a civil­ian for 5yrs of the mar­riage. Also if so am I enti­tled to her retirement.

    1. she could be enti­tled to yours. But then again you’d be enti­tled to hers as well. Might be time to start negotiating.

  106. If a retired ser­vice mem­ber remar­ries is his spouse enti­tled to and ID card?

  107. how long does an ex spouse have to apply for thier part of retire­ment pay­can they wait 14 years

  108. my ex wife passed away and she was receiv­ing 50 per­cent
    of my retired pay…am i enti­tled to start receiv­ing her part
    of the retire­ment pay???

    1. Yes, call DFAS

  109. I was mar­ried in June 9, 1983 and I divorce my hus­band on Sep­tem­ber, 2011. He served in the USAF for 21 years. We we’re mar­ried for 29 years but 18 years in mil­i­tary. Am I elli­giable for SBP? And what are the other ben­e­fits will I receive for a wife?

    1. You are enti­tled to what­ever is in your final divorce decree as agreed to by your lawyers or so ordered by a judge. If it’s not in your final decree you CANNOT go back and try to get it after the fact.

  110. My divorce decree states that I will get 50% of my ex retire­ment from date of enlist­ment to date of sep­a­ra­tion which was from May 1992 to Octo­ber 2003. How does the mil­i­tary cal­cu­late that???.Thank you very much

  111. I was mar­ried for 22 years to a Naval Reservist (entire time). We’ve been divorced for 4 years. Our divorce decree didn’t include retire­ment ben­e­fits. My ques­tion is can I go back to court to rre­quest to receive a % of his benefits.

  112. My hus­band and I mar­ried in August 2005 he enlisted in the army in sept 2005. I have been a stay at home mom since 2008. He was injured dur­ing PT while in Iraq. I stayed with him and took care of him until he became very vio­lent and was admit­ted into a psych ward for 6 weeks. He was released and shortly after on May 24th, 2010 he was med­ically dis­charged from the mil­i­tary. I was not liv­ing with him after he was dis­charged as I was try­ing to move on with my life and pro­vide a bet­ter envi­ron­ment for the chil­dren. We are still mar­ried, but not liv­ing together, we both are see­ing new peo­ple and I am liv­ing with my boyfriend. My hus­band is now reciev­ing 100% dis­abil­ity through the VA. I am now a stu­dent at a uni­ver­sity so I can get a degree and pro­vide for our child. He has told me he doesnt even have to pay child sup­port. My ques­tion is am I or our child enti­tled to any­thing? Are we enti­tled to med­ical ben­e­fits or mil­i­tary id cards?

    1. If you are still mar­ried you are still enti­tled to every­thing an ID card holder has. Since you are still mar­ried, and are choos­ing to shack up with some­one else, you will have a hard time get­ting any more than BAH-diff (about 200 bucks a month) money wise though. You need to hire a lawyer and get the divorce final­ized. If he is 100% dis­abled you will not receive any of his pen­sion or alimony etc since dis­abil­ity can­not be divided in a divorce accord­ing to FEDERAL law. How­ever, it can be used in child sup­port cal­cu­la­tions. Once divorced you will lose all of your med­ical ben­e­fits, but as long as the child is his it should be cov­ered until age 18 at least. With­out a court order though there really isn’t much you can do so HIRE A LAWYER.

      1. Scratch that…if he’s retired he’s not get­ting BAH-diff so you aren’t enti­tled to even the 200 a month.

      2. thank you for reply­ing! Very helpful…

  113. was mar­ried to a mil­i­tary man 8 yrs, 5 months. awarded part of his retire­ment based on the chart of retire­ment / mil­i­tary awared divorce dicree set­tle­ment. I have since remar­ried 3 1/2 years after this judge­ment has been awarded.
    1) do I have to wait till his retire­ment to be awarded part of his retire­ment? He just relisted for another 6 years.
    2) Can I start reciev­ing my retire­ment por­tion before his retire­ment?
    3) He has since remar­ried also does this take away my retire­ment por­tion?
    4) since we were mar­ried under 10 years will I be awarded the money to be paid directly from him?
    5) will a nor­mal attor­ney be able to han­dle this type of set­tle­ment judge­ment in court of law?
    6) If he gets out on dis­abil­ity will I still be able to recieve ben­e­fits or will I be dis­qual­i­fied from receiv­ing any?
    Please Help… and thank you

  114. Hi all My ques­tion is when do u get your retire­ment pay. I mar­ried to some­one that reired from the Army, but we live apart. And has been for the last 11yrs. We don’t have any paper say­ing that we are seper­ated. Can i still get his retir­ment pay and how.

  115. I am a dis­abled ver­tan myself i was mar­ried to a ser­vice man we we dicvored and he wasn’t retired. I haven’t remar­ried. I get a dis­abil­ity pen­sion from the Va. He gets soical secu­ity­dis­abil­ity. He has been remar­ried 4 or 5 times. what is the dif­fer­e­nace? and what and who is entilled to what?

  116. Is there ever going to be any leg­is­la­ture to limit the amount of time that an ex-spouse can receive retire­ment ben­e­fits? States are no lim­it­ing the amount of years that ex-spouses can recieve alimony and there is a time limit for child sup­port. There has to be a set time where the ex-spouse has had enough time to get them­selves together and be finan­cially sta­ble. It’s redicu­lous to think the the ex-spouse can remarry and still be receiv­ing retire­ment ben­e­fits from her ex.

  117. I can’t seem to find the answer to my ques­tion… I have been mar­ried to this guy for 28 yrs. 13 of them he spent in the Army; he was out when they were cut­ting mil­i­tary peo­ple back in 92. He is a Vet­eran of Desert Storm and Desert Shield… Does a wife have any ben­e­fits? I am about to retire at 62 and it’s hard to make it with ones Soc. Sec… Is there any­where a source of Income from my hus­band past earn­ings for hav­ing been a sol­dier and now a Vet­eran?… I will appre­ci­ate any assis­tance.. Thanks

  118. I was mar­rried for 20 years and 14.5 of that I was on active duty. With my reserve time I have 26 years fo pay pur­pouses. My divorce was three years ago My ex agreed not to per­sue my mil­i­tary retire­ment but as I review the decree it does not men­tion it. Now she has come after it three years later. Is this even legal ? Help me

    1. Tech­ni­cally she can try because you didn’t get it writ­ten into the final decree that she waived rights to retire­ment. It does how­ever look bad on her so a judge “might” not grant it.…it’s time to hire a good lawyer and pray

  119. Hello, My father retired over 12 years ago. after his retire­ment he choose a bad path and left my mother and 3 sib­lings. He had closed the joint account down were his pen­sion was being deposited. My mother has been ill and on dis­abil­ity. All my sib­lings were just chil­dren when he left us. what can I do for my mom? Please help guide me in the right direc­tion. Thank you

  120. Hi, When do they start get­ting there retire­ment pay. My hus­band retirer from the Army about two years ago. We live apart and have been for years. I can’t get any­thing out of him. He doesn’t talk to me because of his new girl friend. What Can i do please help Thanks

    1. get a divorce, unless you have some­thing in a legal court doc­u­ment you aren’t enti­tled to a sin­gle red cent of his money.

  121. I am a 100% Dis­abled Vet. When I retired from the USAF I was awarded 60% in 1995. In 1992 I got divorced and my ex-spouse was awarded 36.7% of my retire­ment pay by a North Dakota Court. On my attor­neys advise I pur­sued VA Dis­abil­ity. Thereby reduc­ing the amount she would receive. In 1999 I was rated at 100%. I chose to receive my VA dis­abil­ity over my Mil­i­tary Retire­ment. In 2004, CRDP came out and I got both my VA Dis­abil­ity and my full Mil­i­tary retire­ment. My ex-spouse knew it and said she was not going to pur­sue get­ting 36.7% of my CRDP, since she had a $80,000 a year income. Since then I have invested in real estate. Yes­ter­day I got a text from her stat­ing the DOD wanted her bank account info because she MAY be get­ting some ben­e­fits. Can the DFAS start pay­ing her 36.7% of my retire­ment with­out noti­fy­ing me?

    Also would Laches be a good defense to stop her from get­ting any of my retire­ment. She knew she could get it since 2004 and has not tried

  122. I am still mar­ried (soon 17yrs) & my hus­band is retired get­ting retire­ment pay & draw­ing his Social Secu­rity. He took off and moved to IL with his chil­dren over 6 yrs ago and he came back to my home for 5 months and left again. I did not receive any money from him all the time he was gone for the 6 yrs and my ques­tion is now that he is get­ting his retire­ment pay, am I eli­gi­ble to receive a por­tion of the retire­ment pay to help with the house­hold bills even though I am still work­ing a full time job, that does not cover all the bills.

  123. I have sub­mit­ted divorce papers to DFAS for retire­ment pay­ment of his con­cur­rent pay. he retired on 100 per­cent in 1988 VA dis­abil­ity . I con­tacted DFAS to find out if he has received his con­cur­rent retire­ment pay. After writ­ing my con­gress­man DFAS stated as of jun 2010 he had not begun to received yet. My ques­tion is do I have to con­tin­iously send copies of my divorce decree to find out when he has begun to received it.

    My under­stand the 100 per­cent dis­abil­ity was the first peo­ple to received this con­cur­rent retire­ment pay.

    So what can I do to find out for sure.

    thanks

  124. was mar­ried to Army / Army National Guard mem­ber for 9 years 5 months awarded 30% of his pay from our divorce decree. How do I find out his dis­charge date and get a copy of it to file for my por­tion of retire­ment ben­e­fits. and will i have to wait till he retires to get my por­tion of the ben­e­fit.
    some­one please explain

  125. I am a retired DOD (Navy) Draws a retire­ment checks from (DoD). My ex is 70 years and draws his SS retire­ment. When I applied for social secu­rity I applied to draw on his because his is more than mine. I was told that I am unable to draw on him because I already draw a retire­ment from (DoD). Why can’t I rec’d my own retire­ment and draw on SS from him. We are divorced but was mar­ried for 16 years. I am also 66 years old

    Mae

  126. i was mar­ried in 2000 and got my divorce in 2010, we we seper­ated for most of the marigge, i work and hes been col­lect­ing ssd sence 1996, my ques­tion is when i die or any time does he have a right tko col­lect off my ss.

  127. where can i find a form to file in court for my ex hus­band retire­ment pay? so the judge can sign it and grant me the 50 per­cent after 23 years of married

    1. Have your lawyer or you con­tact DFAS and they will send you what you need.

  128. At my divorce, the court order me to pro­vide SBP to my ex, I have remar­ried and want to change it to my cur­rent wife, how do I change it and do I need to go back to court

    1. You can’t change it until your ex dies.

  129. i was mar­ried to an army man for 11yrs 11 months. he served 14 yrs in the army. i do believe he was in the reserves. we have been divorced now 21 yrs. what mil­i­tary ben­e­fits if any am i enti­tled to? i know i’ll be able to draw social secu­rity ina few years.

  130. I was mar­ried for 27 years to a mil­i­tary retired spouse. I am dis­abled and col­lect­ing a small (under poverty level) SS ben­e­fit. He is con­sid­er­ing remar­ry­ing at age 57 (I am 57). Will I be eli­giable for divorced spouses SS when he col­lects? And what about his mil­i­tary retire­ment pay? I cur­rently receive $200 a month in alimony.

  131. This is the prob­lem with this coun­try.
    The mil­i­tary mem­ber earned the pen­sion. Not the spouse. If the mar­riage dis­solves, the spouse should be enti­tled to noth­ing. It is a choice that the spouse makes to 1. Be mar­ried to a mil­i­tary mem­ber 2. Choose to not work (for what­ever rea­son — ie. chil­dren, etc). Choices have con­se­quences. PERIOD. If you choose to not have a career — that is YOUR CHOICE. If you choose to have chil­dren, that is also YOUR CHOICE. I get that many of you may dis­agree but you can­not dis­pute it. There is NO guar­an­tee with any­thing in life. We are ALL pay­ing for the hand­outs that peo­ple seem to expect now days. If you want a mil­i­tary pen­sion — JOIN THE MILITARY AND SERVE YOUR COUNTRY FOR 20 Years.

  132. when my ex-wife dies does the monies she is receiv­ing out of my mil­i­tary retire­ment auto­mat­i­cal­lly come back to me?

    1. yes

  133. I AM 74. MARIED 38 YEARS.IF I GET A DIVORCE CAN I STILL BE ON TRI CARE FOR LIFE?

    1. you would have to have been mar­ried to your spouse while he was on active duty for 20 years. You mar­ried him at 36 it looks like, he would have to have retired from active duty at 56 (assum­ing you are the same age) for you to retain ben­e­fits. If he did not, you will loose all health cov­er­age upon divorce.

  134. my hus­band and i were mar­ried for 28yrs, of those 28 yrs, he was in the army for 20, retired as a E-9. he divorced me in 2000. How much money is due me from his retire­ment monthly. He also got dis­abil­ity a few years ago of 10%, does that take away from my money?

    1. It would be in your divorce decree if you are to get a por­tion of his retire­ment. If you didn’t have it added into your decree in 2000 you won’t be eli­gi­ble for a dime, now or ever.

  135. i was divorce in 1988, got half of retire­ment as of that date. Received my court ordered pay­ment from 1991 when he retired. In Feb. of this year my pay­ment stopped. He got some of his pay as dis­able, there was no dis­abil­ity at time of retire­ment. he has found another way to receive the rest of his money. Can he do this, how can he get away with not obey­ing the court order? What can I do about it. i am 70yrs. old in poor health,cannot work, need help.

    1. It’s going to depend on the word­ing of your decree, if it spec­i­fies retire­ment only then he sure can. Dis­abil­ity that is con­nected to a ser­vice related injury is NOT divis­i­ble by fed­eral law. He IS obey­ing the court order if it says he has to give you X per­cent­age of retire­ment pay…if there is no retire­ment pay there is noth­ing to give. If it’s writ­ten as a dol­lar amount each month then he would have to keep paying.

      1. It states I get 50% of his retire­ment if he retired on the day of divorce. It states this will be effected until one of us dies. I still receive a pay­ment but if is greatly reduced

        1. You can call DFAS but more than likely he’s not doing any­thing wrong. If they moved a por­tion of pay to dis­abil­ity pay vs retire­ment pay you are only enti­tled to 50% of what is left under the retire­ment pay sys­tem for the years he was active from the time you mar­ried until 1988. There may not have been dis­abil­ity at time of retire­ment because the mil­i­tary has only recently started rec­og­niz­ing dis­eases caused by use of things like Agent Orange in past wars so vet­er­ans are now able to peti­tion for dis­abil­ity com­pen­sa­tion. Had these dis­eases etc been rec­og­nized at the orig­i­nal date of retire­ment your por­tion would have been much smaller from the start so you actu­ally ended up get­ting 20 years of pay that was larger then it should have been.

  136. i was divorce in 1988, got half of retire­ment as of that date. Received my court ordered pay­ment from 1991 when he retired. In Feb. of this year my pay­ment stopped. He got some of his pay as dis­able, there was no dis­abil­ity at time of retire­ment. he has found another way to receive the rest of his money. Can he do this, how can he get away with not obey­ing the court order? What can I do about it. i am 70yrs. old in poor health,cannot work, need help.

  137. I POSTED SOME ANSWERS YOU DID NOT SHOW THEM…WHY…
    MY ANSWERS WERE CORRECT.…

  138. Q :
    were are mar­riage for 10 yrs. & while his 20 yrs in the mil­i­tary .i get only $300 a month is that enough to receive for his retire­ment . plus do i still can get mil­i­tary ID please help ;(

    1. If he retired years ago, and was an enlisted sol­dier that’s about right. Either that or you were to receive 50% based on his rank at divorce so if you were mar­ried the first ten years and he did 20 your decree could state that you get 50% as of rank on date of divorce. Read your decree and see what it says. No mil­i­tary ID or any other ben­e­fits if you were only mar­ried 10 years.

  139. My ex-wife recently passed away. What do I need to do to get my retirement.

    1. Call DFAS to dou­ble check but more then likely a copy of the death cer­tifi­cate should do it.

  140. Retired Ser­vice mem­ber is divorce, court order to pay 42% of (Dis­pos­able Reitrement Amount), SPB pay­ment prim­ium was also included in the decree, payed by the ser­vice mem­bers (Gross Retire­ment Amount). After seven years have past, for­mer spouse wants the ser­vice mem­ber to to 42% of the SBP prim­ium. Is this legal? The lan­guage in DoD Fina­cial Man­age­ment Reg­u­la­tion, DoD 7000.14-R Vol­ume 7B, Chap­ter 29 that DFAS uses states that if the decree is not in con­cur­rance with this Fed­eral reg­u­la­tion parst of the decrees are unforcesable. It also states what in the def­i­n­i­tion of (Dis­pos­ablr Retire­ment Pay)

    Also the retired ser­vice mem­bers is required to update thier mar­i­tal sta­tus to DFAS, now the retired ser­vice mem­ber was reciev­ing a per­cent­age of the dis­abil­ity, for ( Sin­gle Sta­tus), after the change was made a reduc­tion in dol­lar amount reflected on the for­mer spouces award. Be mind­ful that the court awarded a 42% of the dis­pos­able retire­ment amount. The per­cent­age is still 42% of the dis­pos­able retire­ment amount. Is the ser­vice mem­ber oblig­ated to pay the for­mer spouse the diference?

    What does this para­graph in the DoD 7000.14-R vol­ume 7B, Chp 29, para­graph: 290702, Exactly mean?

    1. every­thign I’ve seen says nope you don’t. If your dis­abil­ity etc goes up and retire­ment por­tion goes down as long as the decree doesn’t show a SPECIFIC dol­lar amount (like 1300/month) you don’t have to pay her the dif­fer­ence. you need to clar­ify what you mean by “after 7 years spouse wants the ser­vice mem­ber to to 42% of premium)

  141. Some­one out there may able to answer my ques­tion:
    I mar­ried to my hus­band after he retired from AF, we were mar­ried for 35 years. My ques­tion is while we were mar­ried, was his retire­ment pay treated as a com­mu­nity prop­erty, assum­ing he was not able to work due to health rea­sons, and it was our sole income.

    Joann, Tx

    1. No it would not be com­mu­nity prop­erty (which would only mat­ter in divorce, not death) as it was an asset he had before he mar­ried you. He had the oppor­tu­nity to sign you up for SBP (which is like life insur­ance) one year post mar­riage, if he did not then there is no get­ting that pen­sion back.

  142. addi­tion infor­ma­tion to the pre­vi­ous ques­tion. My hus­band passed few years ago.

    Joann. Tx

  143. MARRIED FOR 13 YEARS DIVORCED HE THAN MARRIED AGAIN AND HE PASSED AWAY IN IS THIRD YEAR OF MARRIAGE TO HER IAM I ENTITLED TO ANY OF HIS RETIREMENT PAY? HE WAS A RETIRED 1ST SGT ‚IF SO WHERE DO I APPLY!!!

  144. I was in the Army Reserves for 30 years, I recently found out that my astraged hus­band died in 2003, are there any money benifits out there that the mil­i­tary owe me.

    1. You have got to be kid­ding me.…

  145. My divorce was final in 2008 – my ex-husband was awarded a por­tion of my mil­i­tary retire­ment. It took two more years to get the exact por­tion spec­i­fied and then he appealed so we waited another two years for a final deci­sion. Dur­ing all this time it appears the DFAS attor­ney instruc­tions changed. My ques­tion is does any­one have a copy of the attor­ney instruc­tions from the 2009/2010 time­frame? I know my attor­ney and I used those instruc­tions and now DFAS says I have to get another court order if I want his award to be based on the period of mar­riage vice my whole career. I’m sure the instruc­tions said that as long as all the date of mar­riage, date of divorce and the phase “which accrued dur­ing the period of mar­riage” were in court order that DFAS would cal­cu­late his award because of the length of mar­riage. After five years of attor­neys, court dates, and court orders I would really like to resolve this with­out going back to court. I tried to appeal to DFAS but was told the order had to include a state­ment telling them to apply to mar­i­tal fac­tor or they would not; he’s award is cur­rently dou­ble what it should be.

  146. please explain about the 20/20/20 rule. my soon to be ex was in col­lege rotc then went active duty in the army for a short time. he was in irr for a long time, then spent 4 years of active duty in air force. he is in national guard now and i need to know what (if any) retir­ment ben­e­fits he will receive and how much of that i may receive. we have been mar­ried for 20 years

  147. I was mar­ried for 29 years to a navy­man. He now wants a divorce. He is retired, should I not received some of his retirement

  148. Does my ex spouse get her 30% of my retire­ment before or after my allot­ments are taken out?

  149. I am a PA res­i­dent. I was mar­ried to my mil­i­tary hus­band in Mar 1986. We divorced in Anne Arun­del, MD in Jul 2002. A Con­sent Order awarded me 40% of his US Army pen­sion. When I con­tacted USAFAS recently I was told I need another Con­sent Order estab­lish­ing a for­mula before I could receive my 40%. Attempts to locate an attor­ney in MD to rep­re­sent me have been unsuc­cess­ful or their fee above my means. Can you rec­om­mend an attor­ney in the Anne Arun­del area who might be able to assist me? Thank you

  150. I just retired May 6, 2013 after 25 years of mil­i­tary ser­vice, how­ever I was mar­ried 20 years ago for 3 years and got divorced after 3 years. I have just learned that my ex is receiv­ing a por­tion of my retire­ment. How is this pos­si­ble when we were only mar­ried for 3 years. I never recieved any paper work or legal papers stat­ing this was decided on because I was reas­signed to a new duty sta­tion and never went to court, what can I do about this.

    1. This one is your fault for not going to court, if you had shown up she prob­a­bly wouldn’t have got­ten it since you were mar­ried such a short time. Con­tact the county where the divorce was final­ized and get a copy of the decree if it’s in there that she gets a por­tion you are screwed as there is no way to change it now. If it’s not in there go to Dfas and get it stopped

  151. I have a ques­tion my son is reciev­ing ssa from his father but his father also recieves va ben­e­fits we got child sup­port court com­ing up will they make him pay out of his va to

  152. I have a for­mer spouse who refused to sign a quit­claim deed,
    He was awarded the prop­erty and all that goes with it, the mort­gage , etc.
    He let the place go into fore­closer and paid no HOA fees.
    After 5 yrs I am being sued for the unpaid Asso­ca­tion fees.
    Can I have his mil­i­tary dis­abil­ity ben­e­fits gar­nished for missed alimony
    payments?

  153. I was mar­ried for 19 years to mil­i­tary man and I recieve a third of his retire­ment every month but I remar­ried before I was 55 years old but our divorce decree states I will receive SBP if he dies before me. Will I be able to receive SBP if I remar­ried even though it’s stated by the courts I will receive it and I did send in the deemed elec­tion for SBP within a year of our divorce.

    1. Since you remar­ried before age 55, you are not an eli­gi­ble ben­e­fi­ciary for SBP ben­e­fits and your for­mer spouse SBP cov­er­age is sus­pended (So, if he dies before you, you would not receive SBP pay­ments). How­ever, should your mar­riage end your cov­er­age would be back in force and if you remar­ried again, at age 55 or older you would con­tinue to be covered.

  154. why was my com­ment deleted?

  155. l have been recently been med­ically retired from my state job in calif. prior to that i retired from the navy with 20 years. i am now con­sid­ered dis­abled ‚is my ex still enti­tled to my mil­i­tary pension ?

  156. Will it be bet­ter to receive ss at 62 or con­tinue reciev­ing money on my hus­bands mil­i­tary retire­ment? He is 100 % VA dis­abled and served 27, he retired as A CMSGT from the Air Force.

  157. I was mar­ried to my hus­band for almost 25 years but only had 9 years and 9 months active ser­vice dur­ing mar­riage. Can this be rounded to 10 years or am I not qual­i­fied to receive pay­ments from DFAS? I will apply for for­mer spouse SBP insur­ance. Can I still request to be the ben­e­fi­ciary for the Vet­er­ans Life Insur­ance? Thank you for any help.

  158. My hus­band of 2 years passed away recently. He was receiv­ing retire­ment and VA dis­abil­ity pay­ments. I was told he did not have a SBP and his dis­abil­ity stopped at the time of his death. Do I have any ben­e­fits as the sur­viv­ing spouse?

  159. What % of my retire­ment, should my spouse get after 16 years of mar­rige and 20 years of ser­vice? I was already 4 years of ser­vice when we married.

  160. My hus­band is get­ting 100% dis­abil­ity com­pen­sa­tion since 2010. We have been mar­ried 20 yrs but sep­a­rated 2 yrs. if I file for divorce will I still get Sur­vivor depen­dent edu­ca­tion assis­tance benefits?

  161. Can any­one give me an answer…I can­not prove adul­tery, but my wife had an affair for 7 months and now wants a divorce. I recently retired from the Navy, we set­tled down in a new home, spent nearly 60 thou­sand dol­lars aside from the house to fur­nish it and etc. After a few months of being in our new home, she told me she wanted a divorce and I needed to be out by the hol­i­days with­out men­tion­ing of her boyfriend. A few months after that, I found proof of an affair through e-mails and FB mes­sages. Her intent was to kick me out and have the house for them. Can she receive any por­tion of my mil­i­tary retire­ment check and retire­ment accounts such as TSP since she wants to dis­solve the mar­riage. She has worked for 13 years of our mar­riage and we both have sub­stan­tial amounts in our retire­ment and tax­able accounts. Thanks.

  162. I am get­ting a divorce and my hus­band just told me to get out. I worked for 22 yrs with the gov­ern­ment. With my retire­ment pay is $9333.00 per month, S.S. Is $351.00 a month, and I have Medicare. Out of that I pay health ins.$252.00 minus, and $1280.00 in Medicare. So I’m left with $7,269.00 a month. My hus­band makes about $4,000.00 a month, I’m leav­ing a dou­ble wide man­u­fac­tured home and a BMW Z-4, he says he will pay all the bills and even help a lit­tle bit with money. He is a DAV and col­lects SS.

  163. Can’t agree with you more Bekki, I am the spouse of a ser­vice­mem­ber and I would NEVER go after his pen­sion ben­e­fits. We work together and build IRA and stock accounts, these I would expect to be split in a divorce but not his mil­i­tary pen­sion. Most of the spouses I have met refuse to work (even when the kid­dies are in school), and com­plain about how hard life is because they have to move or raise kids. That’s not a hard life, deploy­ing and work­ing for a liv­ing is hard. These woman CHOOSE to stay at home and don’t develop any skills of their own and then expect their spouse to con­tinue to take care of them in the event of a divorce. I say get off your butt and get a job and build your own retire­ment sav­ings. Yea mov­ing is hard but a job is a job, take what you can while you can.

  164. WHO SHOULD BE ASHAMED. You should. We have been home tak­ing care of every­thing by our­selves. Rais­ing the fam­ily. When men decide to run around an pos­si­bly give us dis­ease with­out even telling us. We deserve to be rewarded for our faith­ful­ness and our “work” we have done to also help to main­tain the home. We don’t just set. Most of us work hard. A lot harder than you do. Jacki

  165. hey Becky if i was mar­ried for 9yrs and 10 months ‚can he still touch my retirement.please reply.kalsantosx0550@yahoo.com

  166. I’m play­ing devil advo­cate here, have you thought that maybe some of the ex-wives myself included worked full time, main­tain the house­hold, man­age the every day func­tions of the fam­ily and main­tain sup­port of their men serv­ing over­seas? How dare you assume all ex-spouses are look­ing for dol­lar signs, I did every­thing I could to keep my mar­riage for 13 1/2 years but noth­ing was good enough to pre­vent sev­eral affairs he had over 10 years which finally ended our mar­riage. You should be ashamed of your­self for assump­tions as you should know what ASS U ME means. Oh I didn’t men­tioned he blew through my retire­ment prior to his last affair.

  167. Bekki, I think you are way out of line with your remarks. Every sit­u­a­tion is dif­fer­ent. As a female mil­i­tary vet, I am ashamed for your remarks.

    Why is it wrong for the mil­i­tary spouse to get what she is legally enti­tled to? If they were a civil­ian cou­ple she would be eli­gi­ble for half of his 401K. A mil­i­tary wife sac­ri­fices alot more than a civi­lan wife.

    I have been on both sides of the fence. Active duty (First Gulf War Dis­abled Vet) and a mil­i­tary spouse. I can hon­estly say being a mil­i­tary spouse was a lot harder. It is the choice of the cou­ple as to if one of them stays homes or works. Alot of woman can’t work because day­care is more than she would make working.

    Just as in the civi­lan world. Any income and/or retire­ment is con­sid­ered mar­i­tal prop­erty. To be divided as seen fit by a court of law.

  168. Hey Bekki,
    If you are mar­ried to a man for decades, take care of his home, have and raise his kids, and move all over the coun­try when he’s reas­signed, inter­rupt­ing your own career mul­ti­ple times in the process, that should count for SOMETHING. Mil­i­tary life is very hard on the sol­dier, but at least they have a sup­port sys­tem built in to deal with the stresses.
    It can be really tough on the fam­ily left behind, because if they don’t live on base, they may be very iso­lated in their strug­gles. Mil­i­tary spouses sac­ri­fice a lot, and get­ting a share of the pen­sion after they have been mar­ried for years… that isn’t mer­ce­nary, it’s just fair play.

    I do think that peo­ple who were mar­ried a short time and didn’t have to change their lives to acco­mo­date a spouse’s mil­i­tary career — they shouldn’t be enti­tled to a pension.

  169. I agree-my father served in the USAF and retired after 20 some­thing years. He is now dis­abled and his ex is tak­ing him to the clean­ers (as soon as his health went down she was out of there). Some­how the WV courts have awarded her half his retirement-she wasn’t even mar­ried to her while he was in ser­vice. And…my mom gets half of it because she WAS mar­ried the entire 25+ yrs of active duty-this would leave my dad with $400 a month. Shame he worked his whole life to have it taken away…

  170. Amen Sis­ter and thank you for your service…

  171. Was it in your orig­i­nal divorce decree? If the doc­u­men­ta­tion is final­ized and there is no men­tion of retire­ment then she prob­a­bly will not get any­thing. If the doc­u­men­ta­tion is NOT final­ized it is up to a judge to award it but yes, she could get the full 50% if that is what the judge decides.

  172. you weren’t with him for 10–20 years while he was active duty so you aren’t enti­tled to 50% of the pen­sion plain and sim­ple. You did get the shaft though since you were the one work­ing but now you know how ALL of these other men feel after they have sup­ported their wives for all these years only to get screwed in the divorce. Your hus­band did to you what a lot of woman do to their hus­bands. Although accord­ing to what you read on here you might be enti­tled to a small por­tion (10ish per­cent) for the time served.

  173. Yes, he can still request to get a share of the retire­ment based on the lenghth of the marriage.

  174. What a great response to those snide comments…I spent over 9 1/2 years in a mar­riage mov­ing 13 times with two Viet Nam hard­ship tours and three chil­dren. I received just enough child sup­port to keep me off the wel­fare rolls and then I find out three yearsllater the slum bag had been molest­ing our daugh­ter. PTL He alone got me through it but if I thought I could get a nickel a month from him I would go after it.

  175. Yes, she is enti­tled to 50% of the time her mar­riage over­lapped his mil­i­tary ser­vice. If he retired at 20 years and was mar­ried to her for 7.5 years, she would be eli­gi­ble to receive approx. 19% of his gross after autho­rized deductions.

    7.5 years mar­ried divided by 20 years ser­vice equals 38% per­cent the ex can lay claim to. If she is awarded 50% of his eli­gi­ble retire­ment pay, she will receive approx. 19% of his gross pay after autho­rized deduc­tions such as SBP insur­ance (if required) and any VA disability.

  176. Yes, you have to fall under the 20–20-20 rule to receive Tri­care for Life. There is the an insur­ance called the Con­tin­ued Health Care Ben­e­fit Plan that you are eli­gi­ble for 36 months. It is cur­rently $988 per quar­ter for an indi­vid­ual. I had it put in my divorce decree that he was respon­si­ble for the pre­mi­ums since I was a SAHM and not able to work due to being under a doc­tors care.

  177. Spousal sup­port is usu­ally cal­cu­lated by 1 year of spousal sup­port for every 3 years of mar­riage. You will need a lawyer to fight him for what you are enti­tled to. You can even have it in the decree that he pay your lawyers fees since you do not work.

  178. What is in the divorce decree? If it is not stip­u­lated in the divorce decree, she is not enti­tled to any­thing. If it just says 50% of your retire­ment, you are going to run into prob­lems with DFAS when it comes times to file for it. They require spe­cific word­ing in the divorce decree and if it’s not accept­able, the decree would have to be amended.

    Most judges use the rule of cal­cu­lat­ing spousal share as 50% based on length of mar­riage over­lap­ping with mil­i­tary ser­vice which would be only the 15 years she was mar­ried to you while active duty. If you retire at 20 years, she will be eli­gi­ble for (15 divided by 20) approx. half of 75% of your retire­ment pay. So her share would be approx. 38% of your total retire­ment after autho­rized deduc­tions such as SBP (if required) and VA disability.

  179. umm­mmm you aren’t pay­ing for it either way, he is, he did the time, he earned the pen­sion, not you. SBP is almost always taken out before any divi­sion of pay takes place.

  180. I couldn’t agree more, I too worked every time we moved to a dif­fer­ent mil­i­tary loca­tion, raised a child, in the last 4 years of our mar­riage I didn’t work because I was car­ing for elderly par­ents too, both of which have now passed away. I was mar­ried and a faith­ful wife for 24 years, and get this, my EX left me when my mother was liv­ing with us, had ter­mi­nal can­cer to take another job in another state, totally unac­cept­able behav­ior! Obvi­ously we are divorced now after 24 years, heart­bro­ken, work­ing again, as I WANT to work, awarded 38% of retire­ment and $2000 alimony. I worked very hard to be treated like %+*^^. I think a man mar­ries to honor, cher­ish and LIVE with his fam­ily, mine had a rov­ing spirit,that I will never under­stand, so glad I don’t deal with that anymore.

  181. Up to a judge ulti­mately but yes, she could be, even if she left you. Don’t skimp, hire a shark of a lawyer that is famil­iar with mil­i­tary law and benefits.

  182. not pos­si­bly, thae DO!!! and you have to live with it for­ever it costs more than you could ever imagine!!!!.….that’s the war we live with a life­time of after­math to say the least !!shame on peo­ple who know noth­ing but they open thier mouth’s and make com­ments like that!!
    unbelieveable!!!!!!!!!!!!!!

  183. I’d fight the sec­ond ex all teh way to fed­eral courts, your mom did the time in ser­vice, the sec­ond one didn’t. Check into fed­eral law but I believe there is some­thing that states she’s SOL

  184. And that right there is proof that karma is a B! tch

  185. True, how true

  186. Legally he only has to give her the dif­fer­ence between BAH and BAH diff…which is 200/month so she should be happy she’s get­ting 500/month. Did your daugh­ter file 2011 taxes, if not, she can expect some steep penal­ties from the IRS if they are fil­ing sep­a­rate (or even mar­ried, he may as well there is a cer­tain time frame deployed mem­bers have to file after a deploy­ment). They will also have to file 2012 taxes since they were still mar­ried on the 31st of Decem­ber. Call an accountant.

  187. Sadly no you can­not if you signed it, it’s final.

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