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jmgriffin1
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Eligible for any retirement pay?
      #519405 - 04/01/09 02:30 PM

My husband has filed for divorce after 9 1/2 yrs. My husband is retired AF. A lawyer I consulted told me I'm not eliglble for any percent of his retirement due to the 20 yr rule. I've been reading about the USFSPA and it seems to me that I would be eligible for something based on the total years we were married that he was in the military at the same time. Anyone out there knowledgible in this area?

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Clutch
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Re: Eligible for any retirement pay? [Re: jmgriffin1]
      #519425 - 04/01/09 03:45 PM

It also depends on what state the divorce is being filed in. I never heard of a "20 year rule." Also, don't let someone tell you that you have to be married for ever 10 years in order to be eligible for his retirement. My ex and I were married for 2.5 years and she's entitled to 2.5% for each year. Sucks, I know. But, it is what it is.

If you gave him 9 1/2 years and sacrificed your career in a sense, you deserve to look further into this issue.


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jmgriffin1
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Re: Eligible for any retirement pay? [Re: Clutch]
      #519446 - 04/01/09 04:08 PM

From what I've read and been told,a couple must have been married for 20 years at the same time as the spouse was enlisted to qualify for 50% of retirement allotted by DFAS. I suppose a judge could order an ammount and it be payed by a check from the retiree directly.

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Miranda
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Re: Eligible for any retirement pay? [Re: Clutch]
      #519476 - 04/01/09 05:17 PM

[quote]It also depends on what state the divorce is being filed in. I never heard of a "20 year rule." Also, don't let someone tell you that you have to be married for ever 10 years in order to be eligible for his retirement. My ex and I were married for 2.5 years and she's entitled to 2.5% for each year. Sucks, I know. But, it is what it is.

If you gave him 9 1/2 years and sacrificed your career in a sense, you deserve to look further into this issue. [/quote]

Isn't 2.5% what the member is entitled to? So a former spouse would not get 100% of retirement earned. That is also state specific.

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Redlegg
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Re: Eligible for any retirement pay? [Re: Miranda]
      #519517 - 04/01/09 08:56 PM

The 20 year rules apply to eligibility for benefits.

20/20/20 Rule

Pursuant to 10 U.S. Code §1072(2)(F) , a former spouse of a servicemember is defined as a dependent, and therefore entitled to all military benefits and installation privileges, including medical, commissary, military exchanges (PX/BX), etc.

Former spouses who meet these criteria are covered:

1.Married to the servicemember at least 20 years,
2.The servicemember had at least 20 years of creditable service, and
3.There were at least a 20-year overlap between the marriage and the military service.


20/20/15

Pursuant to 10 U.S. Code §1072(2)(G) & (H) , a former spouse of a servicemember is defined as a dependent for purposes of military medical care only, and entitled to one year of transitional medical benefits. The benefits do not include other military benefits, such as commissary, PX/BX, etc.

Former spouses who meet these criteria are covered:

1.Married to the servicemember at least 20 years,
2.The servicemember had at least 20 years of creditable service, and
3.At least a 15-year overlap between the marriage and the military service.


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Redlegg
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Re: Eligible for any retirement pay? [Re: Redlegg]
      #519519 - 04/01/09 09:11 PM

The USFSPA only states that the Military Retirement is marital property, and the state courts have jurisdiction to divide it. That does not mean it will be divided. A judge can order whatever amount he deems to be right. DFAS will only directly pay up to 50% of the disposable retired pay.
I have never heard of a judge going crazy and ordering a huge percentage for short time marriage. States usually use one of two ways to divide they use the 2.5 times the amount of years married while the member was on active duty or the formula award which can be used for a hypothetical award or to figure an amount after the memer retires.

A formula award is an award expressed in terms of a marital fraction, where the numerator covers the period of the parties’ marriage while the member was performing creditable military service, and the denominator covers the member’s total period of creditable military service. The former spouse’s award is usually calculated by multiplying the marital fraction by .5
(1) For members retiring from active duty, the numerator is the total period of time from marriage to divorce or separation while the member was performing creditable military service. The numerator, expressed in terms of whole months, must be provided in the court order. Days or partial months will be dropped. DFAS will supply the denominator in terms of whole months of service creditable for retirement, and then work out the formula to calculate the former spouse’s award as a percentage of disposable retired pay. All fractions will be carried out to six decimal places.
For example, assume you have a marriage that lasted exactly 12 years or 144 months. The member serves for 25 years and then retires. Using the above formula, the former spouse would be entitled to .5 x(144/300) = 24.0000% of the members disposable retired pay.
The following language is an example of an acceptable way to express an active duty formula award:
“The former spouse is awarded a percentage of the member’s disposable military retired pay, to be computed by multiplying 50% times a fraction, the numerator of which is ______ months of marriage during the member’s creditable military service, divided by the member’s total number of months of creditable military service.”

The 10 year rule means that you have to have been married for 10 years in order for DFAS to directly pay the former spouse. If the marriage was less than 10 years, then the retired member will have to pay the former spouse directly. They are trying to change that though.


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Clutch
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Re: Eligible for any retirement pay? [Re: Miranda]
      #519606 - 04/02/09 08:56 AM

-----------------quote-------------------
Isn't 2.5% what the member is entitled to? So a former spouse would not get 100% of retirement earned. That is also state specific.
-----------------quote-------------------


Not sure what you mean by what the "member is entitled to." Let's say I retire and earn my 50%. My ex-wife of 3 years is entitled to 7.5% of that retirement (in the state of TX)


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jmgriffin1
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Re: Eligible for any retirement pay? [Re: Clutch]
      #519614 - 04/02/09 09:22 AM

My state is WY. We are a no fault divorce state where they like to divide assets evenly. I don't believe the court here considers military retirement divisible like it does civilian retirement. I may just have to ask for a percentage in my counter claim to be paid by spouse directly. By the way, thanks to everyone that is weighing in.

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Redlegg
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Re: Eligible for any retirement pay? [Re: jmgriffin1]
      #519630 - 04/02/09 09:43 AM

Miranda is correct, it depends on your BASD, under the redux plan a member earns 2% for the first 20 years. Under the older, and the newest plan, the member earns 2.5% per year. At 20 years that would be 40% and 50% respectively. Every year after 20 would be 3.5% percent under the redux and 2.5% for the other plans, both plans would pay 75% at 30. The 2.5% really only comes into play under the early reitrements that have been offered and may again sometime. Someone retiring at 10 years would only be eligible for 25% of their base pay. In any state, it is up to the judge dividing the assets. They are not locked into a specific formula or amount based on the length of the marriage. In your case (TX), the 7.5% is what the judge ordered. Orders can vary by court, judge or even district. There is wide discretion.

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Redlegg
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Re: Eligible for any retirement pay? [Re: jmgriffin1]
      #519634 - 04/02/09 09:46 AM

If you were not married 10 years, the only option right now is him paying you directly. No state courts have the authority to make DFAS pay directly. If you ask for an amount, you will get that amount, if you ask for a percentage, you will get a COLA every year. The last one on jan 1 was 5.8%. I have no idea about how wyoming does it, but the USFSPA makes it divisible property as to how the states see fit.

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