How Long Does a Former Spouse Receive Military Retirement?
The Uniformed Services Former Spouses’ Protection Act (USFSPA) provides benefits to former spouses of military personnel who are entitled to retired pay. These benefits can include a share of the retired pay, called "survivor annuity", or "division of property", also known as "officer and enlisted personnel court-martial and other claims" under the Defense Financial Accounting Service (DFAS).
Survivor Annuity Benefits
When a former spouse receives a survivor annuity benefit, it typically lasts until they pass away. The length of time they receive the benefit is indefinite, as it depends on their life expectancy and whether they remarry or start a new relationship. Some key points to consider:
- The former spouse can choose to continue the annuity payment, but must notify the VA (Veterans Affairs) in writing.
- The annuity payment may continue to a new spouse if the former spouse remarries, unless they elect not to have the annuity continued.
- If the former spouse starts a new relationship or gets remarried, they may not continue to receive the annuity.
Division of Property
Under the USFSPA, a former spouse can divide their marital property, including military retirement benefits, with their ex-spouse through a divorce agreement or court order. The divided property may continue until the ex-spouse remarries.
Some important points to consider:
- The former spouse may only receive a percentage of the military retirement benefit, typically up to 50%, depending on the court’s decision.
- The court may consider various factors when dividing the property, including the length of the marriage, each party’s financial situation, and any custody agreements.
- If the former spouse passes away or remarries, they may no longer be eligible to receive the divided property.
Impact of Remarriage on Military Retirement Benefits
If a former spouse remarries, it can impact their eligibility to receive military retirement benefits. Here’s a summary of what may happen:
- Remarriage after 61: A former spouse can continue to receive a survivor annuity benefit or divided property without any changes if they remarry after reaching age 61.
- Remarriage before 61: A former spouse’s survivor annuity benefit may stop if they remarry before age 61, unless they continue the benefit in writing.
Comparison of Survivor Annuity and Division of Property Benefits
| Benefit | Description | Length of Time Received |
|---|---|---|
| Survivor Annuity | Benefit paid to former spouse for life or until they remarriage or pass away | Indefinite, depending on life expectancy |
| Division of Property | Divided marital property, including military retirement benefits | May continue until remarriage, but exact duration varies depending on court decision |
Conclusion
Military retirement benefits can be a valuable source of income for former spouses, but understanding the terms and conditions is crucial to ensure they receive the benefits they are entitled to. While a survivor annuity benefit can provide income for life, a division of property benefit may cease if the former spouse remarries or passes away. By familiarizing themselves with the rules and regulations surrounding military retirement benefits, former spouses can better navigate their financial future.
Final Thoughts
- Regularly review and update military retirement documents: Former spouses should regularly review their military retirement documents to ensure their information is accurate and up-to-date.
- Consult a financial advisor or attorney: If you are unsure about your military retirement benefits or have questions, consider consulting a financial advisor or attorney who specializes in military divorce and benefits.
Remember, understanding the nuances of military retirement benefits is crucial for former spouses to plan for their financial future.
