Where I can find the rules entitling a former spouse to collect a portion of someone's retirement pension?

SFC David McMahon — Fri, 17 Jun 2016 07:25:23 -0400

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?

Response by CPO Private RallyPoint Member made Jun 17 at 2016 7:55 AM

CPO Private RallyPoint Member — Fri, 17 Jun 2016 07:55:53 -0400

I believe that applies only if they retired from reserves.

Response by Capt Tom Brown made Jun 17 at 2016 8:34 AM

Capt Tom Brown — Fri, 17 Jun 2016 08:34:00 -0400

You have probably tried this website: http://www.dfas.mil/
It includes customer service phone number which might help if you haven't tried that route already.

DFAS Home

Defense Finance and Accounting Services (DFAS) provides payment services to the United States Department of Defense.

Response by Kim Bolen RN CCM ACM made Jun 17 at 2016 8:48 AM

Kim Bolen RN CCM ACM — Fri, 17 Jun 2016 08:48:58 -0400

There is no stickin rule! They are trying to go by the SS act do not allow it. Whatever is within your divorce decree is all that he/she is entitled to under law. It appears based on the limited information you have provided, that you are being played. Let us say you have a retirement account of your own, separate and apart from hers, any and all funds received, can be attached to that retirement account and visa versa! If it, the divorce decree needs to be changed then you must have a Change in Circumstance that was not present upon divorce or anticipated that a change would have occurred. Hope that helps.~K

Response by SGM(P) Private RallyPoint Member made Jun 17 at 2016 9:14 AM

SGM(P) Private RallyPoint Member — Fri, 17 Jun 2016 09:14:54 -0400

That's federal law. However, it does not apply to disability. Always call JAG

Response by MSG Private RallyPoint Member made Jun 17 at 2016 10:15 AM

MSG Private RallyPoint Member — Fri, 17 Jun 2016 10:15:04 -0400

You should be able to find it in the Dept of Defense Financial Management Regulation (DODFMR) or look up the Uniformed Services Former Spouses’ Protection Act (USFSPA) under 10 USC.

Response by MSG Private RallyPoint Member made Jun 17 at 2016 10:18 AM

MSG Private RallyPoint Member — Fri, 17 Jun 2016 10:18:32 -0400

Here ya go ... http://www.dfas.mil/garnishment/usfspa/faqs.html

Frequently Asked Questions

Response by CPT Joseph K Murdock made Jun 17 at 2016 1:57 PM

CPT Joseph K Murdock — Fri, 17 Jun 2016 13:57:14 -0400

DFAS is smoking crack if they are injecting the age 60 for collections.

Response by Patricia Overmeyer made Jun 28 at 2016 11:44 AM

Patricia Overmeyer — Tue, 28 Jun 2016 11:44:55 -0400

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.