Military retirement pay is a valuable asset often divided during a divorce. But what happens to the ex-spouse’s share of this retirement pay if they pass away? Does it return to the military service member or stay with the surviving ex-spouse? This is a common concern for many divorced military couples and should be addressed properly to avoid any misunderstandings or legal disputes. In this article, we will dive into the topic of military retirement pay to ex-spouses who die and provide you with all the information you need to know.
- Understanding Military Retirement Pay
- How Military Retirement Pay is Divided in a Divorce
- What Happens to the Ex-Spouse’s Share of Military Retirement Pay if They Die?
- Designating a Beneficiary for Military Retirement Pay
- Frequently Asked Questions (FAQs)
- The Importance of Updating Designated Beneficiaries:
- Conclusion:
Understanding Military Retirement Pay
Military retirement pay, also known as a pension, is a form of compensation provided to service members after completing at least 20 years of active duty. The retirement pay is based on the years of service and the rank at which the service member retired. This retirement pay is a valuable asset, especially for those who have dedicated their lives to serving their country. Therefore, it is often divided during a divorce, just like any other marital asset.
How Military Retirement Pay is Divided in a Divorce
In a divorce, military retirement pay is considered a marital asset and is subject to division between the two spouses. This is because, in the eyes of the law, the military service member’s spouse has contributed to the earning of this retirement pay by supporting their spouse’s career and potentially sacrificing their career.
The division of military retirement pay is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA). According to this law, the ex-spouse is entitled to receive a portion of the military retirement pay if they were married to the service member for at least 10 years while the service member performed 10 years of creditable service towards retirement.
What Happens to the Ex-Spouse’s Share of Military Retirement Pay if They Die?
If the ex-spouse entitled to receive a portion of the military retirement pay passes away, the state’s laws where the divorce took place will determine what happens to their share of the money. Some states have specific laws that address this issue, while others do not. In cases where the state follows the USFSPA, the ex-spouse’s share of the retirement pay will continue to be paid to their designated beneficiary.
Designating a Beneficiary for Military Retirement Pay
When a service member retires from the military, they must fill out forms that designate a beneficiary for their retirement pay. The beneficiary is the person who will receive the service member’s retirement pay in the event of their death. The designated beneficiary can be anyone named by the service member, including their ex-spouse. The retirement pay will go to their estate if no beneficiary is designated.
Frequently Asked Questions (FAQs)
Q: Can a divorced spouse continue to receive military benefits after the service member’s death?
A: Yes, if the couple meets the 10/10 rule (see above) and the military service member has not remarried, the ex-spouse is entitled to continued military benefits, including healthcare, commissary
Q: Can the ex-spouse’s share of military retirement pay be modified after their death?
A: The service member cannot modify or take back their share of the military retirement pay once the ex-spouse dies.
Q: What happens if the ex-spouse remarries before receiving their share of the military retirement pay?
A: In this case, the ex-spouse will no longer be entitled to military retirement pay benefits. However, any payments made before the remarriage will not be affected.
The Importance of Updating Designated Beneficiaries:
Military service members must keep their designated beneficiaries up to date to avoid complications in the division of retirement pay. This is especially important if the ex-spouse dies and there is a dispute over the designated beneficiary for their share of the money.
Conclusion:
In conclusion, the ex-spouse’s share of military retirement pay will continue to be paid to their designated beneficiary in the event of their death. Service members must keep their designated beneficiaries current, and divorced couples must include specific provisions for military retirement pay in their divorce agreements. We hope this article has provided you with a better understanding of what happens to military retirement pay in the event of the ex-spouse’s death. If you have any further questions, it is best to consult with a legal professional for guidance.
