Miltary Divorce FAQ
It is an annuity program that allows retired military personnel to care for and provide continuing income for family members or beneficiaries when the service member dies.
The designated beneficiary will receive a lifetime annuity for 55% of the designated base amount (10 U.S.C. Section 1451 (a)(1)(A).
Generally, the rate is 6.5% of the selected base amount for the spouse or former spouse for service members who joined military service after March 1, 1990.
No one needs to qualify for coverage, no one needs to take any physical or be seen by a doctor, and coverage will not end if premiums are paid.
Cost and benefits are suspended if the former spouse beneficiary remarries before age 55.
The formula is essentially marriage concurrent with military service divided by years of military service, times 50%. For example, a wife who was married to the service member for 5 years while the service member was on active duty for 20 years would receive 12.5% of her husband’s military retirement.
A spouse must be married to a service member for at least 10 years of the service members total military service and the service member must retire from the service for the former spouse to receive direct payment from DFAS of her share of her ex spouse’s military retirement.
Generally, one would use base pay, BAH, BAS, along with any other incidental pay, like hazardous duty, to determine the amount of the service member’s child support obligation.
No. DFAS must be served within 1 year of divorce (if by service member/retiree) or one year of order granting coverage (if by non military spouse), there must be entry of an order granting former spouse coverage at time of divorce, and the order must be acceptable to DFAS.
Division of retired pay, designation as an SBP beneficiary, full health care, commissary privileges, and PX privileges.