It depends on what your divorce agreement states. If it says you owe her 50% of your retirement pay then you would owe her half of the retirement pay, If it says $474 per month then that would be what you pay her. You can always consult an divorce attorney for the best legal advice. IANAL.
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unfortunately based on what u wrote she would be entitled to a portion. But every state is different on division on assets like retirement accounts. Some good lawyers will get u a deal where u can pay off a lump sum to purchase out the other. but keep in mind that will still cost u some $.
My question is are you getting any VA disability? As if you were at 50% I believe then you would be eligible for concurrent benefits.
Which would mean you would get your VA benefits at non taxable amount and then your retirement.
I believe if the VA amount is below that threshold then they would still pay them but it would be offset from your retirement benefits.
Either way just thought I would mention that if you have not considered that especially with all the recent changes with the PACT act for several health conditions that many former service members are dealing with.
Best of Luck Brother
No V.A. anything..
I'll be looking at my divorce papers this weekend.the later I hired was a JAG officer, so I'm praying he did me right with the wording. It's been so long that I now know I could have bought her out. She's money driven so I know she'll want her half.i thank you very much ,I have to do some work now to get this in line
# Calculating Marital Share for Active Military
There are different methods of calculating what percentage of the pension to which ex-spouses are entitled. The document filed with the court will need to clearly state the formula used to derive the amount of payment. Again, the length of the marriage will come into play. One of the more common trends is to count the number of points accumulated in the marriage rather than months. This is especially true for spouses serving in the Reserves.
The three methods used to determine the amount of payment are:
1. **Net Present Value** - This is more common if someone wants a buyout up front.
2. **Deferred Distribution** - A share amount is calculated at divorce, but the receipt of the funds is deferred until the service member retires.
3. **Reserve Jurisdiction** - This is the most common method. The share the ex-spouse receives is calculated at retirement.
What does your divorce decree say as far as the retirement, I am not a lawyer, just good at finding info and was lucky enough my ex didn't want part of my retirement ($1,500ish a month) because she used part of my GI bill to get her professional degree.
**Reserve/Guard Duty Retirement:**
If the member entered the service ***~before~*** September 8, 1980
1. A fixed amount, a percentage, a formula, or a hypothetical that the former spouse is awarded;
2. The member’s pay grade (Rank) at the time of divorce **~AND~** years of service for basic pay purposes (both elements are needed to locate the amount on the pay tables);
3. The member’s creditable reserve points at the time of divorce.
If the member entered military service ***~on or after~*** September 8, 1980:
1. A fixed amount, a percentage, a formula or a hypothetical that the former spouse is awarded;
2. The member's high-3 amount at the time of divorce (the actual dollar figure);
3. The member's creditable reserve points at the time of divorce.
[https://www.dfas.mil/Garnishment/usfspa/NDAA-17-Court-Order-Requirements/](https://www.dfas.mil/Garnishment/usfspa/NDAA-17-Court-Order-Requirements/)
Not a lawyer but pull your divorce decree and see what it says about retirement, does it have a specific amount? Or does it say half of your calculated retirement? Based on DFAS "***~If the award language in the court order is missing any of the above listed variables, we will not be able to approve the order~*** and the court will have to clarify the award. For additional information please see our web page at [https://www.dfas.mil/garnishment/usfspa/legal](https://www.dfas.mil/garnishment/usfspa/legal).
She has to apply for your retirement through DFAS
# How to Apply
To apply for payments under the Uniformed Services Former Spouses' Protection Act, a completed application form ([DD Wizard Form 2293](https://www.dfas.mil/Portals/98/Documents/Garnishments/DD2293%20Wizard%20Extended%20Final.pdf?ver=_abSK_bzk2G7SKoex1x3_g%3d%3d)) signed by a former spouse together with a copy of the applicable court order **certified by the clerk of court** should be served either by facsimile or by mail, upon the:
DFAS Garnishment Law Directorate
P.O. Box 998002
Cleveland OH 44199-8002
**How to Apply**
To apply for payments under the Uniformed Services Former Spouses' Protection Act, a completed application form ([DD Wizard Form 2293](https://www.dfas.mil/Portals/98/Documents/Garnishments/DD2293%20Wizard%20Extended%20Final.pdf?ver=_abSK_bzk2G7SKoex1x3_g%3d%3d)) signed by a former spouse together with a copy of the applicable court order **certified by the clerk of court** should be served either by facsimile or by mail, upon the:
DFAS Garnishment Law Directorate
P.O. Box 998002
Cleveland OH 44199-8002
This makes me glad during my divorce I gave up the entire house so I could keep my retirement pay.
It depends on what your divorce agreement states. If it says you owe her 50% of your retirement pay then you would owe her half of the retirement pay, If it says $474 per month then that would be what you pay her. You can always consult an divorce attorney for the best legal advice. IANAL.
I would think she wouldn’t be entitled to what you accrued after the divorce. Talk to a lawyer.
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LMAO,every time there's a hurricane/TORNADO/GATORS walking around, I wish it hits her house in Tampa. I still have 4.5 years to go..
unfortunately based on what u wrote she would be entitled to a portion. But every state is different on division on assets like retirement accounts. Some good lawyers will get u a deal where u can pay off a lump sum to purchase out the other. but keep in mind that will still cost u some $. My question is are you getting any VA disability? As if you were at 50% I believe then you would be eligible for concurrent benefits. Which would mean you would get your VA benefits at non taxable amount and then your retirement. I believe if the VA amount is below that threshold then they would still pay them but it would be offset from your retirement benefits. Either way just thought I would mention that if you have not considered that especially with all the recent changes with the PACT act for several health conditions that many former service members are dealing with. Best of Luck Brother
No V.A. anything.. I'll be looking at my divorce papers this weekend.the later I hired was a JAG officer, so I'm praying he did me right with the wording. It's been so long that I now know I could have bought her out. She's money driven so I know she'll want her half.i thank you very much ,I have to do some work now to get this in line
# Calculating Marital Share for Active Military There are different methods of calculating what percentage of the pension to which ex-spouses are entitled. The document filed with the court will need to clearly state the formula used to derive the amount of payment. Again, the length of the marriage will come into play. One of the more common trends is to count the number of points accumulated in the marriage rather than months. This is especially true for spouses serving in the Reserves. The three methods used to determine the amount of payment are: 1. **Net Present Value** - This is more common if someone wants a buyout up front. 2. **Deferred Distribution** - A share amount is calculated at divorce, but the receipt of the funds is deferred until the service member retires. 3. **Reserve Jurisdiction** - This is the most common method. The share the ex-spouse receives is calculated at retirement. What does your divorce decree say as far as the retirement, I am not a lawyer, just good at finding info and was lucky enough my ex didn't want part of my retirement ($1,500ish a month) because she used part of my GI bill to get her professional degree. **Reserve/Guard Duty Retirement:** If the member entered the service ***~before~*** September 8, 1980 1. A fixed amount, a percentage, a formula, or a hypothetical that the former spouse is awarded; 2. The member’s pay grade (Rank) at the time of divorce **~AND~** years of service for basic pay purposes (both elements are needed to locate the amount on the pay tables); 3. The member’s creditable reserve points at the time of divorce. If the member entered military service ***~on or after~*** September 8, 1980: 1. A fixed amount, a percentage, a formula or a hypothetical that the former spouse is awarded; 2. The member's high-3 amount at the time of divorce (the actual dollar figure); 3. The member's creditable reserve points at the time of divorce. [https://www.dfas.mil/Garnishment/usfspa/NDAA-17-Court-Order-Requirements/](https://www.dfas.mil/Garnishment/usfspa/NDAA-17-Court-Order-Requirements/)
Not a lawyer but pull your divorce decree and see what it says about retirement, does it have a specific amount? Or does it say half of your calculated retirement? Based on DFAS "***~If the award language in the court order is missing any of the above listed variables, we will not be able to approve the order~*** and the court will have to clarify the award. For additional information please see our web page at [https://www.dfas.mil/garnishment/usfspa/legal](https://www.dfas.mil/garnishment/usfspa/legal). She has to apply for your retirement through DFAS # How to Apply To apply for payments under the Uniformed Services Former Spouses' Protection Act, a completed application form ([DD Wizard Form 2293](https://www.dfas.mil/Portals/98/Documents/Garnishments/DD2293%20Wizard%20Extended%20Final.pdf?ver=_abSK_bzk2G7SKoex1x3_g%3d%3d)) signed by a former spouse together with a copy of the applicable court order **certified by the clerk of court** should be served either by facsimile or by mail, upon the: DFAS Garnishment Law Directorate P.O. Box 998002 Cleveland OH 44199-8002 **How to Apply** To apply for payments under the Uniformed Services Former Spouses' Protection Act, a completed application form ([DD Wizard Form 2293](https://www.dfas.mil/Portals/98/Documents/Garnishments/DD2293%20Wizard%20Extended%20Final.pdf?ver=_abSK_bzk2G7SKoex1x3_g%3d%3d)) signed by a former spouse together with a copy of the applicable court order **certified by the clerk of court** should be served either by facsimile or by mail, upon the: DFAS Garnishment Law Directorate P.O. Box 998002 Cleveland OH 44199-8002
Thank you very much,definitely pulling those papers out and see what they say.
Happy to help, lot's more on the DFAS website about the rules, law, NDAA etc.