Section 16.29 Military Retirement Benefits

• Library: Family Law Deskbook and 2014 Supp

b. (§16.29) Military Retirement Benefits

Similar to apportionments of an employee’s interest in civil service benefits, courts can also order direct division of military retirement pay. Under the Uniformed Services Former Spouse’s Protection Act, Pub. L. No. 97-252, 96 Stat. 730, 10 U.S.C. § 1408, an order of a state court that provides for payment to the former spouse of a member of the United States military services may specifically provide for payment of an amount expressed in dollars (e.g., an amount payable per month) or as a percentage or fraction of disposable retired or retainer pay (e.g., 50% of “disposable” benefits accrued as of the date of dissolution). Failure to express the division directives in one of these two forms will be rejected, and the DFAS (Defense Finance and Accounting Service), which reviews these orders, will require that a clarifying order be obtained.

For a former spouse to qualify for apportionment and direct payment to the former spouse as property division, the member and the former spouse must have been married at least ten years, during which ten-year period the member performed military service. This...