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Home » Areas of Practice » Community Property » Former Spouse Military Pension Share

Former Spouse Military Pension Share

Posted on February 13, 2017September 17, 2019 by Editor

Retirement payments are paid directly by Defense Finance and Accounting Service (DFAS).  In order for DFAS to make direct retirement payments to an ex-spouse, the couple must have been married 10 years overlapping with 10 years of military service.

For spouses who do not qualify for direct payments from DFAS, they will receive payments pursuant to a California divorce settlement agreement.  Keep in mind that the award of military retired pay may be in addition to California child support and California spousal support.

The Law Offices of Edward Misleh, APC is a law firm that practices family law and clients in Northern California with services they need and deserve when addressing all aspects of a military divorce and military benefits.  Call now our Lawyer Hotline.      Call now 321-951-9164.

Former Spouse Military Pension Share

The former spouse military pension share is the amount a non-military spouse is to receive from a military spouse’s pension.   The maximum amount  the former spouse military pension share could be is 50% of the military retirement pay.  Once the order is filed with DFAS, it will take approximately three months for the direct payments to begin if the military spouse is already receiving their pension.  If the military spouse is an active military member, payments will begin ninety days after the newly retired member becomes entitled to receive their first payment.  If child support is being taken from the pension, the maximum combined amount that can be deducted is 65% of the disposable retirement pay.

Military Pension Marital Share Calculation for Active Members

There are different methods of calculating the former spouse military pension share.  The former military spouse’s pension share is stated as a percentage of the pension which an ex-spouse is to receive.  The document filed with the court will need to clearly state the formula used to derive the amount to be paid to the ex-spouse.  One of the more common trends is to count the amount of points accumulated in the marriage rather than months.  This is especially true for spouses serving in the Reserves.

Net Present Value Method

The military member option to buyout the former spouse military pension share with a lump-sum payment.

Deferred Distribution

The former spouse military pension share is calculated at divorce and the receipt of the funds by the non-military ex-spouse is deferred until the service member retires.

Reserve Jurisdiction

The former spouse military pension share is not determined but is calculated at retirement.

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