If you have been married for at least ten years, and your spouse performed creditable military service for at least ten years, it’s possible to have the portion of the divided military retirement income pay sent directly to you. The Defense Finance and Accounting Service (DFAS) will handle these payments and will send them to you instead of your former spouse after divorce. The 10-year rule military divorce doesn’t discern whether you are eligible but mainly deals with where your monthly payment comes from. Let us take a detailed look at this retirement rule and when it means for your military divorce in Colorado.
What Creditable Military Service Means
Generally speaking, the Armed Forces of the United States have several ways to define creditable military service. First, the active service must be terminated for honorable conditions. Furthermore, it must be performed prior to the separation from civilian service in terms of retirement.
The Uniformed Services Former Spouse Protection Act (USFSPA)
With the USFSPA law, former spouses are entitled to portions of the service member’s retirement pay, commissary benefits and medical care, under certain conditions. The Uniformed Services Former Spouse Protection Act does allow the state courts to divide the military retired pay amongst the spouse and service member.
Can My Ex-Wife/Husband Get My Military Retirement If She/He Remarries?
While every situation is different, most non-monetary benefits go away at the time of remarriage. This includes Tricare, MWR privileges, exchange, and commissary. The courts control the division of pension income, so the settlement at divorce makes the final decision.
How Military Pension is Divided in a Divorce
For the divorce court to divide the pension, certain requirements must be met first. With the old requirements, the court could give your spouse 50% of your pension based on the rank you would be at retirement, but that’s no longer the case. To get further guidance, it’s best to speak with a qualified military divorce lawyer.
The Importance of Having An Attorney
You should never attempt to navigate a military divorce on your own. It doesn’t matter if you are a service member or the spouse; you have particular rights that you want to enforce. Thomas Ramunda Jr. has more than 25 years of experience dealing with families just like yours. He fights for your rights and ensures an amicable solution for both parties.
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Divorce Lawyer in Colorado
If you are looking at a Colorado divorce, visit South Denver Law for professional insight and guidance. Our team is prepared to ensure you get what you need to move into this next chapter with ease.
Divorce Lawyer in Parker
Visit our Parker location for further help from Thomas Ramunda. Our convenient office locations and business hours make it simple to get the answers you need for your military divorce in Colorado.
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Our Colorado Springs office is also open for consultation with Thomas Ramunda. Schedule your appointment today, and you will find the solutions to your divorce in Colorado. We handle retirement benefits, child custody, and property division for an all-around solution.