Is this correct, and are there any other considerations we should make?
How many years will you have served upon your retirement?
How many years have you and your spouse been married?
My understanding is that a separate court order beyond the final decree is not necessary, and that the language in the decree must specify the division as a percentage of the disposable retirement pay and/or a fixed dollar amount. Is this correct, and are there any other considerations we should make?
You are in for a HUGE surprise, mate.
If you've been married for at least TEN YEARS, your soon to be FORMER spouse is entitled to 50% of your retirement pay for the REST of her/his life, a military dependent ID Card for the remainder of his/her life, PLUS all benefits and privileges you'll RETAIN until you enter eternal rest.
However, should he/she remarry before 55, some of those bennies will be lost.
The vast majority of FORMER MILITARY SPOUSES choose to NEVER remarry, so as NOT to lose any of those great perks and all that moola!!!
Impact of the Uniformed Services Former Spouse Protection Act on Survivor Benefit Plan designation
Under the Uniformed Services Former Spouse Protection Act, a former spouse can be designated as a Survivor Benefit Plan beneficiary if the spouse was previously listed as a spouse beneficiary, with the following considerations:
Voluntary or court-ordered designation
Divorce after retirement: The former spouse's coverage will be the same amount as the spouse coverage.
Divorce before retirement: The specific coverage level should be directed by court order.
Former spouse remarriage before age 55: Eligibility as a beneficiary is lost unless the remarriage ends, and then eligibility is restored.
The Uniformed Services Former Spouse Protection Act is a federal law that provides certain benefits to former spouses of military members. Under this law, former spouses may be entitled to portions of the military member's retirement pay, medical care, and exchange and commissary benefits.
The Uniformed Services Former Spouse Protection Act:
Allows state courts to divide disposable military retired pay between the service member and spouse
Allows former spouses to receive a portion of retired pay directly from the government in some circumstances
Grants some former spouses access to health care at military treatment facilities
Grants some former spouses access to military exchanges and commissaries
Grants benefits to some victims of spousal or child abuse
The Uniformed Services Former Spouse Protection Act doesn't:
Require courts to divide military retired pay
Establish a formula for dividing military retired pay
Award a predetermined share of military retired pay to former spouses
Place a ceiling on the percentage of disposable retired pay that may be awarded
Require an overlap of military service and marriage as a prerequisite to division of military retired pay as property
Jurisdiction under the Uniformed Services Former Spouse Protection Act
The Uniformed Services Former Spouse Protection Act prevents a court from treating retired pay as the property of the service member and spouse unless the court has jurisdiction over the service member based on the service member's:
Residence other than because of military assignment
Domicile
Consent to the court's jurisdiction
Direct payment of retired pay
Direct payment of retired pay may be made to a former spouse from the military pay centers if there's a court order or a property settlement that was ordered, ratified or approved by the court, and if the final order specifically provides that payment is to be made from disposable retired pay for one of the following:
Child support
Alimony
Division of retired pay as property if the former spouse was married to the member for 10 years or more, during which time the member performed 10 years or more of creditable service, and the order expresses payment in dollars or a percentage of the member's disposable retired pay
Direct payments will terminate on these events, whichever comes first:
Terms of the court order are satisfied
Death of the retired service member
Death of the former spouse
Procedure for request for direct pay
The former spouse must send the following items to the designated agent of the member's uniformed service:
Signed DD Form 2293, "Application for Former Spouse Payments from Retired Pay"
A copy of the court order
Other accompanying documents that provide for payment of child support, alimony or division of property, certified by an official of the issuing court within the previous 90 days
Notification to the designated agent can be made by:
Regular mail
Email
Fax
Certified mail
No later than 30 days after effective service, the Defense Finance and Accounting Service:
Will send written notice to the affected member at the last known address
Will consider any response received from the service member
May reject any request for direct pay that doesn't satisfy requirements
Won't honor the court order whenever it's shown to be defective, modified, superseded or set aside
No later than 90 days after effective service, the Defense Finance and Accounting Service will make payment to the former spouse and inform him or her of the amount to be paid, or send the former spouse an explanation of why the court order wasn't honored.
Impact of the Uniformed Services Former Spouse Protection Act on Survivor Benefit Plan designation
Under the Uniformed Services Former Spouse Protection Act,
USFSPA FAQs | Military OneSource
a former spouse can be designated as a Survivor Benefit Plan beneficiary if the spouse was previously listed as a spouse beneficiary, with the following considerations:
Voluntary or court-ordered designation
Divorce after retirement: The former spouse's coverage will be the same amount as the spouse coverage.
Divorce before retirement: The specific coverage level should be directed by court order.
Former spouse remarriage before age 55: Eligibility as a beneficiary is lost unless the remarriage ends, and then eligibility is restored.
USFSPA FAQs | Military OneSource
The Uniformed Services Former Spouse Protection Act | Military Spouse Divorce
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