How Do I Collect My Retirement From My Former Military Spouse?
The military presents harsh demands to both the member and the member's family, especially a spouse. A military spouse often sacrifices as much as the military member to this difficult lifestyle. For this reason, the U.S. military determined long ago that divorced spouses are entitled to a portion of a military member's retirement benefits. The hard part comes when you try to collect.
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Instructions
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Hire a divorce attorney who is familiar with military law. The law governing this aspect of a military divorce, the Uniformed Services Former Spouses' Protection Act, is complex and should be addressed by a professional familiar with it.
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In addition to marital property you are claiming, you must specify that you are claiming a portion of your spouse's military pension. You may be entitled to up to 50 percent of this pension.
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Download and fill out DDForm 2293 from the Defense Technical Information Center, an online portal for Department of Defense forms. Attach a certified copy of your court order awarding you a portion of your ex-spouse's military pension. Mail to:
Defense Finance and Accounting Service
Cleveland Center, Code L
PO Box 998002
Cleveland, Ohio 44199-8002In the form, be certain to specify the state where you were awarded a portion of the pension as well as whether the award was to cover alimony, child support, division of retirement pay or some combination thereof. If your spouse has already been ordered to pay alimony, child support or a portion of his retirement pay to someone else, be certain to specify what order your relationship falls in (third marriage, fifth child, etc.).
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Do not remarry. All divided military retirement benefits cease upon the remarriage of the non-military spouse, or upon the death of either the military member or the ex-spouse.
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Make certain your personal information is always up-to-date in the files of the Defense Finance and Accounting Service. When your ex-spouse retires and claims his retirement benefits, the DFAS will automatically begin deducting your portion from his pay and sending it directly to you.
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Tips & Warnings
You are only eligible for military retirement benefits if you and your spouse were married for at least 10 years, during which she had 10 creditable years of service in the Armed Forces.
If a military member who has become retirement-eligible loses his retirement benefits because he abused either his spouse or his children, the spouse does not lose her claim to a portion of the benefits. She can still file DD Form 2293 and claim the amount she would otherwise have been awarded.
Because the law governing this property division is complex and must be met completely in order for you to claim a portion of your ex-spouse's military retirement, it is wise to hire a lawyer instead of attempting a do-it-yourself divorce.
References
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