Can I Get My Ex Husband’s Military Retirement?
Divorce can be a complex and challenging process, especially when it involves military retirement benefits. Many individuals wonder if they are eligible to receive a portion of their ex-spouse’s military retirement after a divorce. In this article, we will explore the legal aspects and requirements for obtaining your ex-husband’s military retirement benefits.
Understanding Military Retirement Benefits
Military retirement benefits are a form of compensation provided to military personnel who have served a certain number of years in the armed forces. These benefits include a monthly pension, healthcare, and other entitlements. The amount of retirement pay depends on the length of service and the rank of the military member.
Eligibility for Ex-Spouses
In most cases, a former spouse may be eligible to receive a portion of their ex-husband’s military retirement benefits if certain conditions are met. According to the Uniformed Services Former Spouses’ Protection Act (USFSPA), a former spouse may be entitled to a portion of the retirement pay if the following criteria are satisfied:
1. The marriage lasted at least 10 years, with at least 10 years of the marriage overlapping with military service.
2. The divorce was finalized before the military member retired.
3. The former spouse is not remarried.
Obtaining Military Retirement Benefits
If you meet the eligibility requirements, you can apply for military retirement benefits through the Defense Finance and Accounting Service (DFAS). Here’s a step-by-step guide on how to apply:
1. Obtain a copy of your divorce decree, which should include the portion of the retirement pay that you are entitled to receive.
2. Contact the DFAS to request a Form DD 2293, “Application for Former Spouse Payments.”
3. Complete the form and submit it to the DFAS along with your divorce decree and any other required documentation.
4. The DFAS will review your application and determine your eligibility for retirement benefits.
5. Once approved, the DFAS will begin sending you a portion of your ex-husband’s military retirement pay.
Understanding the Percentage of Benefits
The percentage of military retirement benefits that a former spouse is entitled to receive is typically based on the length of the marriage and the duration of military service. Generally, the percentage ranges from 50% to 55% of the retirement pay, depending on the circumstances.
Conclusion
In conclusion, if you meet the eligibility requirements, you can potentially receive a portion of your ex-husband’s military retirement benefits. However, it is essential to consult with a legal professional to understand the specific details and requirements of your situation. By following the proper procedures and providing the necessary documentation, you can ensure that you receive the benefits you are entitled to.
