DoD recently announced the 2023 military retiree COLA that will first reflect in retired pay received on or about 1 January 2023. The full COLA is 8.7% for retirees who retired prior to 2022. For those who retired in the first quarter of 2022 (between 1...
“Sanctuary” for Reserve Component Servicemembers on Active Duty
"Sanctuary" protects a Reserve Component Servicemember (i.e., Reserve or National Guard) who is on active duty (other than for training), and within two years of becoming eligible for retired pay at 20 years of active duty service, from involuntary release from active duty unless the release is approved...
20/20/20 and 20/20/15 Former Spouse Benefits Processing
This blog is both a "heads-up" and "call to action" for former spouses who meet the 20/20/20 or 20/20/15 requirements. I've learned over the last few years that it takes a legitimate 20/20/20 or 20/20/15 former spouse 4 to 5 months from divorce until they complete processing and have the following: (1)...
Retiree COLAs vs. Servicemember Pay Increases
Military retirees receive cost-of-living adjustments or COLAs. Servicemembers still serving receive annual pay increases. Let's look at the differences.
The law on Retiree COLAs is found in Title 10 U.S. Code § 1401a, Adjustment of retired pay and retainer pay to reflect changes in Consumer Price...
What is a “Gray Area” Retiree and What Impact Does that have on Military Divorce?
A "gray area" military retiree is qualified for a "non-regular" retirement as a member of the Reserves or National Guard who has been place in the "retired, awaiting pay" status. Gray area retirees in "retired, awaiting pay" status do not drill, so they accrue no additional points creditable toward retirement. They do, however, continue...
How is Disposable Retired Pay Calculated?
The Uniformed Services Former Spouse Protection Act (USFSPA), codified at 10 U.S.C. § 1408, grants State Courts the authority to treat only "disposable retired pay" as marital property in military divorce. Many Servicemembers equate "disposable retired pay" with their "net pay." That is incorrect. "Disposable retired pay" is determined before retired...
Chapter 61 Disability Retirement and Concurrent Retirement and Disability Pay – Part 2
I received quite a few questions and comments on the earlier blog I wrote about Chapter 61 disability retirement and Concurrent Retirement and Disability Pay (CRDP) in military divorce. You may read that blog by clicking here. I need to expand the discussion of Chapter 61 disability retirement and CRDP.
Servicemembers retired by...
What is an Inventory and Appraisment?
An Inventory and Appraisement (I&A) is required by Courts in any final hearing that involves division of marital property and confirmation of separate property at divorce. An I&A conveys three important elements of information about each asset or debt, as follows:
It IDENTIFIES the assets and debts (e.g., a home, ABC Bank...How to Report Death of a Servicemember and What to Expect
I recently helped a relative report the death of her husband, a military retiree, since she'd attempted to call DFAS multiple times but was getting nowhere. I quickly discovered she was calling the wrong phone number, as DFAS has several "customer service" numbers depending on the subject.
While it is possible to report the death...
Former Spouse Military Retired Pay – Fixed Dollar Awards
In military divorce, a former spouse who gets a fixed dollar award (e.g., "former spouse is awarded $1,000.00 per month") will never receive a cost-of-living adjustment or COLA.1 A State Court order that awards a fixed dollar amount and orders COLAs is unenforceable as to the COLAs. See id.
Author Jim...