Former spouses will retain all military benefits and privileges, including medical, commissary, military exchanges, if he or she was married to the member at least 20 years, the member had at least 20 years of creditable service, and there was at least a 20-year overlap between the marriage and the military service.

How do I protect my military retirement in a divorce?

What is the Uniform Services Former Spouses Protection Act? The Uniform Services Former Spouses Protection Act (USFSPA) is the federal statute governing how military retired pay is treated in divorce. It allows the state courts handling a service member’s divorce to treat the military pension as divisible property.

What are the retirement benefits for an ex spouse in the military?

The most an ex-spouse can receive is 50 percent of the service member’s retirement pay.

What happens to your military pension after a divorce?

Following that ruling, Congress passed the Uniformed Services Former Spouses Protection Act, or USFSPA, which allows state courts to divide military retirement pay in a divorce, similar to a private pension. The law also makes it easier for an ex-spouse to collect child support and alimony payments from a retired service member.

How long do you have to be married to get pension in the military?

Military Retirement Pay/Pension. Direct retirement payments are made through the Defense Finance and Accounting Service. In order for the military to provide direct retirement payments to an ex-spouse, the couple must have been married 10 years overlapping with 10 years of service.

When does a former spouse qualify for retired pay?

In order for a former spouse to qualify for direct payments of retired pay as property under the USFSPA, the former spouse must have been married to the member for 10 years or more during which the member performed at least 10 years of service creditable in determining the member’s eligibility for retired pay (the 10/10 requirement).