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 Cramp is a retired active duty colonel and the founder and principal attorney at the Cramp Law Firm, PLLC. The firm provides a spectrum of family law-related services to clients in the greater San Antonio region, across the United States and throughout the world. The firm specializes in Federal Civil Service and Military Divorce matters.
Note 1 – Dept. of Defense Financial Management Regulation 7000.14-R, Volume 7B, Military Pay Policies and Procedures – Retired Pay, Chapter 29, Former Spouse Payments From Retired Pay, Paragraph 290601, Contents of Court Order, Subparagraph 290601 D, (stating that a retired pay award expressed as a fixed dollar amount will not receive COLAs even if the order purports to award COLAs).