How Do I Apply For My Ex Husband’S Military Retirement?
Key Takeaways:
- Eligibility for Ex-Spouse Military Retirement Benefits: To be eligible for your ex-husband’s military retirement benefits, you must have been married to him for at least 10 years, and the marriage must have overlapped with his military service by at least 10 years.
- Applying for Ex-Spouse Military Retirement Benefits: Gather and submit required documentation, such as the divorce decree, marriage certificate, and military retirement pay information. Submit the application to the Defense Finance and Accounting Service.
- Receiving Ex-Spouse Military Retirement Benefits: Options for receiving payments include direct deposit, check, or electronic fund transfer. It is important to consider tax implications, as these benefits may be taxable.
Are you one of the military spouses struggling to understand how to apply for your ex-husband’s military retirement? You’re not alone. With this guide, you’ll learn how to get the funds you’re entitled to.
Eligibility Criteria for Ex-Spouse Military Retirement Benefits
Ex-Spouse Military Retirement Benefits Eligibility
To be eligible for ex-spouse military retirement benefits, you must have been married to the service member for at least 10 years, with at least 10 years of military service overlapping with your marriage. Additionally, you must not have remarried before the age of 55.
It is important to note that this benefit does not guarantee a specific amount of retirement pay, but rather a portion based on the length of the marriage and military service.
To apply, submit a court order certified by the clerk of court or a final divorce decree showing that you are entitled to a portion of the service member’s retirement pay. You may also need to provide a marriage certificate and military service records.
Pro Tip: Seek the advice of a qualified attorney to ensure that your rights to military retirement benefits are protected.
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Applying for Ex-Spouse Military Retirement Benefits
Military retirement benefits can be applied for by ex-spouses. The process involves submitting a court order to the Defense Finance and Accounting Service, which will then calculate the amount of pension due. The ex-spouse can choose to receive a lump sum or monthly installments. It is important to note that the order must be specific in regards to the percentage of the pension to be received and the duration of the payments.
Additionally, the ex-spouse must have been married to the military member for at least ten years during their service and the military member must have completed at least twenty years of service.
A common mistake is assuming the ex-spouse is automatically entitled to the pension – this is not true. It is important to seek legal advice and properly prepare the court order for submission.
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Receiving Ex-Spouse Military Retirement Benefits
Receiving Military Retirement Benefits from Ex-Spouse
To receive military retirement benefits from an ex-spouse, you must apply with the Defense Finance and Accounting Service. Submit a copy of the divorce decree and any amendments or court orders, as well as pertinent service information. You will receive a portion of the retirement pay according to the time of marriage spent in military service.
It is important to note that the length of the marriage and service overlap affects the eligibility for benefits. Even if the ex-spouse remarries, he or she remains entitled to the benefits provided by the military.
According to a report by the Government Accountability Office, in the fiscal year 2018, the Department of Defense paid out approximately $14.8 billion to former spouses of military personnel as part of divorce settlements involving military retirement pay.
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Five Facts About Applying For Your Ex-Husband’s Military Retirement:
- ✅ The former spouse of a military retiree must have been awarded a portion of the retiree’s military retirement as property in their final divorce decree in order to receive direct payment from the Defense Finance and Accounting Service (DFAS). (Source: Military.com)
- ✅ Some former spouses might need to go through a court order process to divide a military retirement. (Source: VeteranAid.org)
- ✅ The Uniformed Services Former Spouses Protection Act (USFSPA) provides a framework for the division and distribution of military retirement pay upon divorce. (Source: DFAS)
- ✅ The former spouse of a military retiree can apply for a share of the retirement pay through DFAS by submitting a court order acceptable for processing and a completed application form. (Source: DFAS)
- ✅ Division of military retirement can be complex, and seeking the help of a lawyer with experience in military divorce can be helpful. (Source: Nolo)
FAQs about How Do I Apply For My Ex Husband’S Military Retirement?
How do I apply for my ex husband’s military retirement?
If you are a former spouse of a military retiree, you may be entitled to a portion of their retirement pay. To apply for your ex-husband’s military retirement, follow these steps:
- Obtain a copy of your divorce decree.
- Fill out and submit the Department of Defense Form 2293 (Application for Former Spouse Payments from Retired Pay).
- Include a copy of your marriage certificate and divorce decree with the form.
- Mail the completed form and supporting documents to the Defense Finance and Accounting Service (DFAS) at the address listed on the form.
What qualifies me to receive a portion of my ex husband’s military retirement pay?
If you were married to your ex-husband for at least 10 years during his military service, you may qualify for a portion of his retirement pay. Additionally, your divorce decree must include specific language addressing your entitlement to a portion of his military retirement pay.
How much of my ex husband’s military retirement pay am I entitled to receive?
The amount of military retirement pay to which you are entitled is determined by the court during the divorce proceedings. The court may base its decision on factors such as the length of your marriage, your ex-husband’s rank and years of service, and the division of other assets in the divorce settlement.
Can I receive direct deposit for my portion of my ex husband’s military retirement pay?
Yes, you can set up direct deposit for your portion of your ex-husband’s military retirement pay. You will need to fill out and submit the Direct Deposit Authorization form, which can be found on the DFAS website.
Can my ex husband contest my entitlement to his military retirement pay?
Your ex-husband can contest your entitlement to his military retirement pay, but he must do so through the court system. If he is unsuccessful, he may be required to pay your attorney fees and any other fees associated with contesting the decision.
What happens if my ex husband dies before I receive my portion of his military retirement pay?
If your ex-husband dies before you receive your portion of his military retirement pay, you may still be entitled to it. The amount you receive will depend on the specific language in your divorce decree, but the payments typically pass to the designated beneficiary or beneficiaries.
