Posted on Jun 17, 2016
Where I can find the rules entitling a former spouse to collect a portion of someone's retirement pension?
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I have a former spouse who was married for over 10 year and is now divorced (decree clearly states amount to be collected after retirement and meets the 10/10 rule for this) but DFAS is claiming no money can be collected until the former service member is 60.
I've reviewed everything and find no mention of this "rule".
Can anyone clarify?
I've reviewed everything and find no mention of this "rule".
Can anyone clarify?
Pension
Divorce
Retirement
Posted >1 y ago
Responses: 8
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SFC David McMahon
Funny enough, read it and the ENTIRE regulation and I find no mention of the former spouse being allocated the amount listed in the divorce when the service member turns 60...
It's seems everyone has the answer I have except the one finance is giving me...
Hmmmm
It's seems everyone has the answer I have except the one finance is giving me...
Hmmmm
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CPO (Join to see)
If he didn't retire from the reserves and dependent upon what the divorce decree states I can only recommend her finding a good lawyer to help with this.
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CPO (Join to see)
Another thing might be if he went into Federal service he could have bought back his Military retirement and transferred it into FERS. If that is the case he wouldn't be entitled to retirement until 60.
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SFC David McMahon
CPO (Join to see) - Divorce decree states amount to be paid upon retirement and (somewhat humorous) the former divorce lawyer for the former spouse has since shut down (but I have the same advice)
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The age 60 retirement rule for DFAS has to do with the military member (mm) being in the National Guard. The military member may have his full twenty years in but has now transferred to the Guard, meaning that no retirement is paid until reaching age 60. If that is the case, and you will need to read the DFAS rejection letter to fully understand the reason for the rejection, then the former military spouse (fms) may be able to go back to court in order to get a ruling that the mm will have to pay the fms the portion of military retirement the mm would have received had the mm not transferred to the Guard. I would have to take a look at the divorce decree, as well as the DFAS rejection letter, to give you a more definitive answer. I deal with military issues in divorce and I have seen this come up before when the fms thought the mm was retired.
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