Frequently Asked Questions
Formula: Years of service × Retirement multiplier (typically 2.5%) × High-3 average base pay. Example: 20 years × 2.5% × $5,000 = $2,500/month retirement. This is divided by percentage or fixed amount between spouses.
DFAS (10/10 rule met): Military directly pays ex-spouse portion to their account each month. Court-ordered (below 10/10): Member receives full retirement, and ex-spouse must rely on member to pay or pursue contempt of court. DFAS is more reliable.
No. Retirement pay is divided only for the marital portion (years of service during the marriage). Retirement earned before marriage is separate property. Pre-divorce retirement doesn't affect post-divorce allocation calculations.
No. Courts can order division of retirement that was earned during the marriage, even if the member leaves the military before receiving payments. The right to the marital portion is vested at the time of divorce, not at retirement.
Yes. Most states allow divorce to proceed even if a spouse is deployed, though service of process must be completed. Courts can appoint an attorney ad litem to represent the deployed member. Some accommodations are made for deployment circumstances.
Yes. Active duty members and retirees can use Military OneSource (free counseling/legal consultation) and Judge Advocate General (JAG) officers for free legal advice or representation. Reserve/Guard members have limited access; verify eligibility with your branch.