Military retirement benefits are an important part of the compensation package for service members. These benefits not only support them during their active duty, but also provide for their future after they retire from the military. However, if a service member goes through a divorce, it can have a significant impact on their retirement pay. In the case of an ex-spouse who remarries, the issue of military retirement pay can become even more complex. In this article, we will delve into the details of military retirement pay to ex-spouses who have remarried.
Understanding Military Retirement Pay
To understand the implications of an ex-spouse’s remarriage on military retirement pay, it is important to first understand how military retirement pay works. Military retirement pay is a pension plan that provides income to retired service members after they complete 20 years of service. This pension is calculated based on the member’s rank, years of service, and the basic pay at the time of retirement. The former spouse of a military service member is entitled to a portion of the retirement pay if the marriage lasted for at least 10 years while the service member was on active duty.
The Impact of Remarriage on Military Retirement Pay
If a former spouse remarries, it can have a significant impact on the amount of military retirement pay they receive. As per the Uniformed Services Former Spouses’ Protection Act (USFSPA), the remarriage of an ex-spouse does not terminate their right to receive a portion of the military retirement pay. However, if the ex-spouse remarries before the age of 55, their portion of retirement pay is suspended until the subsequent marriage is ended by annulment, death, or divorce. This is known as the “10/10 Rule”, where the marriage of a service member should overlap for at least 10 years with their active-duty service for their former spouse to be eligible for direct payment from the Defense Finance and Accounting Service (DFAS).
Exceptions to the 10/10 Rule
There are certain exceptions to the 10/10 rule that allows an ex-spouse to still receive their share of military retirement pay even after remarriage. These exceptions can be granted by the court, and include:
- 10-Year Rule – If the former spouse remarries after the age of 55, their right to receive military retirement pay is not affected by their subsequent marriage.
- The Former Spouse of a Deceased Service Member – If a service member dies while on active duty, their former spouse can continue to receive their portion of the military retirement pay even if they remarry.
- Survivor Benefit Plan (SBP) – If a former spouse participates in the Survivor Benefit Plan and remarries before the age of 55, they can still receive the SBP benefits even if their remarriage ends.
The Role of the Court in Divorce Settlement
In the case of a military divorce, the division of military retirement pay is determined by the court in the divorce settlement. In the majority of cases, the court will award a specific dollar amount or percentage of the service member’s retirement pay to their former spouse. If the former spouse has remarried, the court will still recognize their right to a portion of the retirement pay, as long as the 10/10 rule is met or if any of the exceptions apply.
Frequently Asked Questions (FAQs)
1. Is a former spouse entitled to military retirement pay if they remarry?
Yes, a former spouse is entitled to a portion of the military retirement pay even if they remarry. However, if they remarry before the age of 55, their portion of retirement pay is suspended until the subsequent marriage ends.
2. What is the “10/10 Rule” in military retirement pay?
The “10/10 Rule” is a requirement that the retirement and the marriage of a service member must overlap for at least 10 years for their former spouse to receive direct payment from the Defense Finance and Accounting Service (DFAS).
3. Are there any exceptions to the 10/10 rule for receiving military retirement pay?
Yes, there are certain exceptions to the 10/10 rule, which include remarriage after the age of 55, the former spouse of a deceased service member, and participation in the Survivor Benefit Plan (SBP).
In Conclusion
Divorce and remarriage can have a significant impact on the military retirement pay of service members and their former spouses. However, with the proper understanding of the rules and exceptions, both parties can secure their financial future. If you are a service member going through a divorce or a former spouse of a military member, it is important to consult with an experienced family law attorney who can guide you through the complexities of the USFSPA and ensure a fair division of military retirement pay.
