The question has been resolved of whether Concurrent Retirement and Disability Pay (CRDP) is divisible in military divorce where the Servicemember has been medically retired under 10 U.S.C. Chapter 61 for being physically unfit for continued duty. It is not divisible.
Recall that under 38 U.S.C. § 5305,...
Let's take a quick look at the the military retiree population based on data in the DOD Actuary's most recent Statistical Report on the Military Retirement System, which has data as of September 30, 2021. There were 1.99M military retirees from all ranks and all branches of service. Some 222.9K...
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" 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...
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)...
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...
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...
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...
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...
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...