Q: Ex-husband receive military retirement. Do I get 50% of the retirement pay after being married for 12 years?
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A:
Whether you receive 50% of your ex-husband's military retirement pay depends on several factors, including the length of your marriage overlapping his military service. Typically, the "10/10 Rule" applies, meaning you must have been married for at least 10 years, with 10 years of overlapping military service, for direct payment from the Defense Finance and Accounting Service (DFAS). If these conditions are met, you may be entitled to a portion of the retirement pay.
The division of military retirement pay is often determined during the divorce proceedings and included in the divorce decree. Courts use state laws to decide how the retirement pay is divided, which can vary significantly. You may not automatically get 50%; it depends on the specifics of your case and the judge's decision.
Consulting with a lawyer familiar with military divorce cases is crucial to understanding your rights and ensuring you receive any entitled benefits. They can help you navigate the complexities of military retirement pay division and protect your interests.
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