After a military divorce, when a Former Spouse predeceases the Servicemember, the Former Spouse’s share of disposable retired pay returns to the Servicemember.1 Former Spouse retired pay cannot be “sold, assigned, transferred, or otherwise disposed of (including by inheritance).2“
Ironically, the same cannot be said for a Former Spouse’s share of a Federal Civil Service (FERS) annuity. That will be the topic of my next blog. Stay tuned.
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.
Note1 – See Uniformed Services Former Spouse Protection Act at 10 U.S.C. Section 1408(d)(4).
Note2 – See Uniformed Services Former Spouse Protection Act at 10 U.S.C. Section 1408(c)(2).