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...

Recently, I was contacted by a Former Spouse trying to understand a letter she received from the Defense Finance and Accounting Service (DFAS) informing that payment of her Former Spouse retired pay, which she'd received regularly for years, had been suspended.  She'd called DFAS and was told the suspension was related to matters that...

Retirement under Title 10 United States Code Chapter 61 occurs when a Servicemember's military department (e.g. Department of the Army, Department of the Navy, etc.) finds the Servicemember unfit for further duty due to a disability.  The Uniformed Services Former Spouse Protection Act (USFSPA), codified at 10 U.S.C. Sec. 1408, excludes all sums received...

Military retired pay tends to be the largest asset in divorce.  Consider the following for active duty Servicemembers who retired in 2019 will pass away on their actuarial death:

The present value for an O-6 who retired with 30 years of service is $2.41 million dollars. The present value for an O-5 who retired with 28...

Active duty retirees are eligible for retired pay immediately upon retirement.  When a Spouse or Former Spouse Survivor Benefit Plan (SBP) annuity has been elected or court-ordered, premiums are deducted from each month's retired pay.  The standard premium for active duty retirees is 6.5% of the "base amount."  The base amount is the...

Since Former Spouse retired pay terminates on the death of the Servicemember, the Survivor Benefit Plan (SBP) is a purchased annuity that provides a monthly payment that either partially, meets or exceeds replacement of the Former Spouse's share of retired pay, depending on the amount of the Servicemember's retired pay insured.  When...

Is it possible to divorce a military member who has been served with "legal process" but has not filed an answer or otherwise entered an appearance in the case?  Yes, but extra steps are required because of protections afforded the military member against a default judgment under the Servicemembers Civil Relief Act...

I'm often asked the question of whether a Court can order the Servicemember to transfer a portion of his or her G.I. Bill educational benefits to the soon-to-be ex-spouse during a military divorce.  The answer is a clear, "no."  Federal law prohibits a State Court from treating G.I. Bill educational benefits as marital...

After a military divorce, Former Spouse retired pay payments stop on the death of the Servicemember.  The Survivor Benefit Plan (SBP) is a purchased annuity that protects the Former Spouse by providing a replacement stream of income after the Servicemember’s death.

When divorce occurs after the Servicemember's retirement, there are...

In the first part of this series, we looked at why DFAS cannot honor an award of a percentage of the community value of military retired pay.  (emphasis added).  To read the first blog before continuing with this blog, click here. 

In the second part of this series, we looked at what DFAS...