Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26686
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Re: Eligible for any retirement pay?
04/01/09 09:11 PM
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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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