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Military Retirement Laws

What is Military retirement or Military retirement pay?

Military retirement pay is not the same as civilian retirement pay systems. To begin with there are no “vesting” in the military retirement systems. Also, there are no special retirement accounts, they do not match funds, and there is no interest. In regarding to military retirements either people qualify for it by honorably serving over 20 years in the military or they don’t get the retirement pay. There are many changes to military retirement and many requirements in order to receive military retirement benefits. Read below where the Experts have provided answers to the top commonly asked questions relating to military retirement pay.

Can military retirement be revoked?

Military retirement cannot be revoked. Although, the person drawing retirement can lose entitlement to where they are brought back into active duty, prosecuted at court martial and receive a punitive discharge at the court martial. There is no other way to stop retirement pay other than the death of the recipient.

Can medical retirement be divided up in a divorce or is it considered disability?

Medical retirement pay most genuinely cannot be divided up in a person’s divorce hearing. The federal Uniformed Service Former Spouse Protection Act (USFSPA) law allows the state divorce court judges to divide only “disposable retired pay”. “Disposable retired pay” is limited to only retired pay bases on the length of military service normally 20 years or more. Medical retirement is based on disability, not the length of service. For more information on military disability retirement and early military retirement contact the Legal Experts on JustAnswer

After being retired from the military someone was convicted with killing a dog, will they lose their military retirement pay?

If the person is already retired and has been receiving retirement pay, then they will not lose their retirement pay because they have killed a dog. Military retirees are dropped from their retirement rolls only when convicted for national security violations under the Hiss Act. Even felony convictions are not subjected to lose retirement pay, they have earned that pay.

Can someone receive their ex spouses retirement pay, if it states in their divorce decree that they cannot receive this?

Uniformed Services Former Spouse Protection Act (USFSPA) normally allows, but does not require a state court to allow the share of a person’s retired pay. The laws on retired pay vary from state to state. In most community property states such as Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin are a portion of the military spouse’s retired pay will be considered property of both parties, and the non- military spouse will be awarded to one half of that portion. This portion is based on the number of years they have been married, and then divided by the total years of service. In most non community property states will allow a portion of the retired pay to the non military spouse. A few states treat the military retired pay as the property only of the military person. But normally is those states, the judge will consider the retired pay received by the military spouse when setting the amount of alimony being received.

Can Military Retirement pay be garnished because of a civil law suit?

The military retirement pay can be subjected to garnishment. To acquire a garnishment the creditor will first need to go to the court and obtain a judgment. With that judgment they then can apply to the Defense Financial and Accounting Services (DFAS) for garnishment.

After being active in the service for many years, many questions are when thinking about military retirement, such as military retirement age, early military retirement and many more. Contact a Legal Expert today to receive fast and accurate answers to many complex questions.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11933
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Retirement Questions

  • While in Vietnam, I was wounded. They left me in Vietnam, eventhough

    While in Vietnam, I was wounded. They left me in Vietnam, eventhough suffered with migrains from mortar blast. During my last two months I developed Edema, severe. Swelled up all over. Last month..12th in Nam, sent to Japan with it. The doctor said probably from sprays being used in Nam. Siad he'd send me to the states. From there I'd be medically discharged. That never happened. First day at Ft. Hood, swellled. went untreated. Left the Army 3 months early for school. And basically to get care for unknown swelling. I still get it but not as bad. Wasn't my condition something they neglected and should have had enough to Medically discharge me? They have never still today service connected it. I have a claim in again for it. I feel they didn't even care after being wounded and then keeping me in Vietnam to suffer more with face swelling.
  • my husband is in the af guard and works as a civilian. he is cheating on me with a milita

    my husband is in the af guard and works as a civilian. he is cheating on me with a military person. higher rank than him. is there anything i can do? he wants a divorce. he is an E5 and she is a captain or higher. she is also a dr.
  • A question, my son a 2nd lt is in training as a branched MP.

    A question, my son a 2nd lt is in training as a branched MP. He was asked to do an assignment - written essay and as he explains it used an outdated manual for reference and listed the authors in his writeup. I believe but am not sure he understood what was being asked. His captain has accused him of plagerism, is threatening a lie detector test and a dishonerable discharge. My son is so stressed that it appears he is starting to have anxiety attacks and is becoming very disallusioned. Nothing like this happened during basic or OCS. For my own satisfaction I have been trying to determine what can actually happen. Again I am not there I do not know the full circumstance. His is extrodinarily concerned that this is goin to ruin the rest of his life. I am trying to calm him down and give him some advice but am at a loss. - thanks for any info you can provide
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