Thank you for the information and your question. There is no statutory right to a portion of a military spouses retirement for any former spouse. However, under one law, The Uniformed Services Former Spouse Protection Act, some former spouses are entitled to some extra rights. Those spouses are called 20/20/20 spouses. They would have been married to the servicemember for at least 20 years, with that period of marriage
having to have overlapped with at least 20 years of military service. In any event, that law which allows for certain presumptions by a court about splitting the retired pay and also allows the former spouse to receive payment directly from DFAS
. In addition, a 20/20/20 spouse has medical and commissary/exchange privileges. There are also some favorable presumptions for 20/20/15 spouses.
In your case, you would not qualify for the specific rules under the law I mentioned above, so unless a divorce court awarded you maintenance/support, you would not be entitled to any of your exhusband's retirement pay.
As for SBP
, your exhusband could have been ordered by the court to elect SBP coverage for you, or he could have done it voluntarily when he retired. Depending on how long it has been since he retired, he may still be able to. You can read more about this issue at: http://www.dfas.mil/retiredmilitary/provide/sbp.html
Please let me know if you need any clarification. I would be glad to assist you further if I can.