How Long Does an Ex-Spouse Get Military Retirement?
Military retirement is a significant benefit of serving in the armed forces. For married couples to a service member, there may be questions about what happens to military retirement in the event of a divorce. If you are an ex-spouse of a military member, you may wonder how long you are entitled to military retirement benefits. In this article, we will explore the regulations and laws surrounding ex-spouse military retirement to provide you with a better understanding of what to expect.
The Basic Rule
The primary Rule for ex-spouse military retirement is that you are entitled to a portion of your former spouse’s retirement benefits if you were married to them for at least ten years while in the military. This Rule is known as the “10/10 Rule.” It means that if the marriage and the military service overlap for at least ten years, the ex-spouse is entitled to a percentage of the military retirement.
Example: If John and Jane were married for 15 years, and during that time, John served in the military for 12 years, then Jane would be entitled to a portion of John’s military retirement benefits because they meet the 10/10 Rule. However, if they were only married for nine years, then Jane would not be entitled to any of John’s military retirement.
Uniformed Services Former Spouse Protection Act (USFSPA)
The USFSPA is a federal law passed in 1982 to recognize the contributions of ex-spouses toward a service member’s military career. This law allows state courts to treat a service member’s military retirement as marital property and divide it between the service member and their former spouse upon divorce.
Under the USFSPA, any retirement benefits awarded to an ex-spouse are considered property division, not alimony. Even if the retirement benefits are divided, the service member will still be responsible for paying any court-ordered alimony or spousal support.
The 20/20/20 Rule
In addition to the 10/10 Rule, there is also the 20/20/20 Rule, which applies to ex-spouses whose marriage and military service overlap for at least 20 years. Under this Rule, an ex-spouse is entitled to full military benefits, including healthcare, commissary privileges, and exchanges. This Rule is only for ex-spouses who have not remarried.
Example: If John and Jane were married for 22 years, and during that time, John served in the military for 20 years, then Jane would be entitled to full military benefits, such as healthcare, commissary privileges, and exchanges. However, if Jane remarries, she will no longer be eligible for these benefits.
The 20/20/15 Rule
For those ex-spouses who do not meet the requirements of the 20/20/20 Rule, there is the 20/20/15 Rule. This Rule applies to ex-spouses married to a service member for at least 20 years, but the marriage and military service only overlap for 15 years. Under this Rule, the ex-spouse is entitled to healthcare benefits for one year after the divorce is final.
Example: If John and Jane were married for 22 years, and during that time, John served in the military for 15 years, then Jane would be entitled to healthcare benefits for one year after the divorce is final. These benefits are the same as those under the 20/20/20 Rule, except they are only available for one year.
How to Receive Ex-Spouse Military Retirement Benefits
To receive your portion of the ex-spouse’s military retirement benefits, you must have a court order known as the “Military Retired Pay Order” or “Retirement Order.” This order must be filed with the Defense Finance and Accounting Service (DFAS). Once the DFAS receives the order, they will begin distributing the benefits according to the terms.
If you were married to a service member for at least ten years while they were in the military, you are entitled to receive a portion of their military retirement benefits. The amount you receive will depend on the details of your divorce agreement and the laws in your state.
Frequently Asked Questions
What happens to military retirement after the death of an ex-spouse?
If an ex-spouse passes away, their share of military retirement benefits is no longer distributed. The remaining benefit goes back to the service member.
Can an ex-spouse receive military retirement benefits while the service member is still on active duty?
No, an ex-spouse cannot receive their portion of the military retirement while the service member is still on active duty. The ex-spouse must wait until the service member retires from the military.
Can an ex-spouse receive military retirement benefits if they remarried?
If the ex-spouse remarries, they will no longer be eligible for any military benefits, including retirement benefits.
Remember, if you are an ex-spouse of a service member, you may be entitled to a portion of their military retirement benefits if your marriage and military service overlap for at least ten years. It is essential to understand the rules and requirements surrounding ex-spouse military retirement.
