Is my spouse entitled to my military retirement?

Is my spouse entitled to my military retirement?

No, there is no Federal law that automatically entitles a former spouse to a portion of a member’s military retired pay. First, it authorizes (but does not require) State courts to divide military retired pay as a marital asset or as community property in a divorce proceeding.

How many years do you have to be married to get half of military retirement?

Military Retirement Pay/Pension Direct retirement payments are made through the Defense Finance and Accounting Service. In order for the military to provide direct retirement payments to an ex-spouse, the couple must have been married 10 years overlapping with 10 years of service.

How is military retirement pay divided during a divorce?

“The spouse shall receive 50% of the marital share of the service member’s disposable retired pay. The marital share is a fraction, the numerator is 216 months of marriage during the service member’s creditable military service, divided by the total number of months of the member’s creditable military service.”