I was married from 81-92...
I was married from 81-92, on active duty 81-89 (RA), 89-92 (AGR) 92-05 (AR) 05-14 (AGR) we divorced in 1992 and remarried in 1994, divorced in july 2012. My divorce was completed by a civilian attorney it reads as follows
" Defendant is awarded 50% of the marital portion of plaintiffs disposable retired pay. "marital portion" means a fraction of the service members military retired pay as of the date the service member retires, the numerator of which is the number of creditable military service accumulated by the service during the SECOND marriage. (from date of the second marriage to the date of divorce) and the denominator of which is the service members total months of creditable military service. If the SM retires as reserve
component member then retirement
points shall be used as the unit of measure in the foregoing fraction, instead of months of service.
"the SM and defendant state that they have been married for a period of at least 10 years, during which time the SM performed at least 10 years of creditable service
. If for some reason this "10/10" rule is not met it is acknowledged that DFAS
cannot make payments directly to the spouse,if that is the case the court can still award a portion of SM's retired pay.
disposable retired pay includes retired pay paid or that to which the service member would be entitled to for longevity of active military and or reserve service.
I was medically discharged at 90%, and rated 100% by the VA....she agreed not to take VA benefits
.... this order was sent to DFAS last year 2013, I received a retirement check and nothing was affected....DFAS did acknowledge receiving the order. because I am 100 percent VA, I was told I will receive VA pay instead of military pay....so what is she actually entitled too?? you have to be a little confused by this..lol she plans to take me back to court if she doesn't get paid....the order said I would pay her direct until DFAS started to pay her....but what amount is she entitled too if any? How am I supposed to figure that shit out? Thank You....all civilian attorneys