Military Retirement Benefits & Divorce

In a divorce where one person is in the military, the Uniform Services Former Spouses' Protection Act permits state probate and family courts to order the distribution of military retirement pay to the spouse or ex-spouse as part of the asset division of a divorce. These orders can be enforced through the Department of Defense.

Required Length of Marriage

The marriage must have been at least 10years, along with the military spouse having at least 10 years of service, for the former spouse to receive retirement pay.

Receiving a Portion of the Retirement Pay

The portion of retirement pay the ex-spouse receives must be part of a court order and expressed in dollars or as a percentage of disposable retired pay.

Start of Payments

Payments will begin about 90 days after the application for payment is made to allow time to process the application and provide the member with the required notice.

Death of an Ex-Spouse

If ordered by the court in the divorce judgment, a former spouse can receive benefits if she is named as a beneficiary under the Survivor Benefit Plan.

Divorce After Retirement

If the divorce occurs after the service member has retired, the beneficiary designation is automatically terminated and the service member must re-designate the spouse as beneficiary.

Submit Paperwork to the USPSPA

Court orders can be sent by fax or electronic or regular mail but must be certified authentic by the clerk of courts no more than 90 days prior to submission.