Thanks for the chance to assist
First, here is some information on the pension
Most of the pension protections for military ex-spouses were established through the Uniformed Services Former Spouses Protection Act of 1982 (USFSPA
). This law was passed to overrule a United States Supreme Court 1981 case, McCarty v. McCarty, holding that military retired pay could not be treated as marital property in divorce. USFSPA allows a state divorce court to award a share of a member's pay as marital property.
USFSPA generally permits, but does not require, a state court to award a share of retired pay. The treatment of military retired pay differs from state to state. In most community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), a portion of the military spouse's retired pay will be considered the property of both spouses, and the non-military spouse will be entitled to one-half of that portion. The portion will generally be based on the number of years of marriage
during which the retired pay was earned, divided by the total years of service. If the spouses were married for at least ten years while the member was on active duty, the non-military spouse will qualify for direct enforcement, which means that his or her portion of the retired pay will be paid to him or her directly by the military finance office.
Most non-community property states will award a portion of the retired pay to the non-military spouse. A few states treat military retired pay as the property only of the military person. But usually in those states, the judge must consider the retired pay received by the military spouse when setting the amount of alimony.
What the USFSPA actually states is that the Defense Finance and Accounting Service (DFAS
) will pay directly the former spouse's share of the military retirement if there were at least 10 years of marriage overlapping 10 years of creditable military service (the 10/10 rule).
If the former spouse satisfies the 10/10 rule, the spouse can apply for direct payment from DFAS of his/her portion from the division of military retirement (if Army
, Air Force
Assistant General Counsel for Garnishment
Defense Finance and Accounting Service - Cleveland Center
PO Box 998002
Also, not covered above, if you have at least 20 years of marriage AND the 20 years overlaps with 20 years of active duty service, then you qualify for commissary/exchange benefits and TRICARE
If you have 15 years overlap, you will qualify for 3 years of TRICARE
As for alimony...that will be up to the court. The court will take into account all evidence in determining if to provide spousal support
. Each case is different and you need to work with a local attorney to determine if you will qualify. Here is an example of what the NV court has looked at in the past to determine if alimony was proper
Make sure you find an attorney with experience in military law
...you can start that search here
As for price? I suspect that price will be all over the board...talk to several and pick one that will fight for you
Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.