Military Divorce / Former Spouse Protection Act questions ?

[limblips]

True, but only if she had it to begin with. If her spouse didn't get her Survivor Benefit to begin with, it's too late now. As for his retirement pay, any court awarded portion of his retirement will be discontinued after his death unless you have SBP. This is not a set 50% either. It is calculated based on the number of years you were married to him while he was in the military. You had to be married to him at least 10 years during his time in service, if not, you're not entitled to any of his retirement. Get a lawyer.

Not true. She CAN get a portion even if married less than 10 years. 10 years is the magic figure where she MUST be given a portion. My lawyer explicitly explained to me that he would fight it (married 9 years) but I would be wasting my money since the courts always found for the female spouse. You might win in some states but not many blue ones.

 

[acommondisaster]

SBP is completely different than the military retirement pay.

She definitely needs to get the advice of an attorney.

Yup. Why's everyone getting wrapped around SURVIVOR benefit pay? He's still alive. She ought to get the SPOUSE benefits. And from the information in her first post, she's entitled.

Lawyer up, little lady.

 

[Vince]

Not true. She CAN get a portion even if married less than 10 years. 10 years is the magic figure where she MUST be given a portion. My lawyer explicitly explained to me that he would fight it (married 9 years) but I would be wasting my money since the courts always found for the female spouse. You might win in some states but not many blue ones.

If a Maryland judge awards her any portion of his military retirement, he is in violation of the Uniformed Former Spouse Protection Act, but then the liberal Maryland judges could probably care less.

For orders dividing retired pay as property to be enforced under the USFSPA, a member and former spouse must have been married to each other for 10 years or more during which the member performed at least 10 years of military service creditable towards retirement eligibility (the 10/10 rule).

 

[PeoplesElbow]

If a Maryland judge awards her any portion of his military retirement, he is in violation of the Uniformed Former Spouse Protection Act, but then the liberal Maryland judges could probably care less.

I don't think that is the intent, I think what that means is that the UFSPA guarantees the division after 10 years.

For orders dividing retired pay as property to be enforced under the USFSPA

 

[Vince]

I don't think that is the intent, I think what that means is that the UFSPA guarantees the division after 10 years.

It doesn't really matter because I have found through experience that the judges around here will side with the woman everytime, no matter what she does, and give her everything she wants.

 

[PeoplesElbow]

It doesn't really matter because I have found through experience that the judges around here will side with the woman everytime, no matter what she does, and give her everything she wants.

Thought MD was a straight 50/50 split no matter what?

 

[Gilligan]

Thought MD was a straight 50/50 split no matter what?

That is essentially true. Despite what, unfortunately, most divorce attorneys might have you believe up front, MD law has, at its core, a remarkably simple "no fault" approach/formula for settling divorces. It is the attorneys that muck it all up.

 

[Vince]

Thought MD was a straight 50/50 split no matter what?

BS. You ever gone through a divorce being retired military with a cheating wife. The judge found in favor of the wife. So I say BS to the 50/50 crap.

 

[somdforever]

You are correct, except

That is incorrect. SBP (Survivor Benefit Plan) can only be denied by the dependent spouse. It is an election that has to be made PRIOR to retirement and it is funded by an 8% stipend paid off the top end of the pension. If the couple divorces and the retired member dies, the surviving divorced spouse continues to receive her share of the pension until her death. In the State of Maryland, the divorced spouse is entitled to half of the member's pension FOR THE PERIOD THAT THEY WERE MARRIED. For example, if the member served 20 years and the couple was married for 10 of that, the divorced dependent is entitled to half of the pension accrued during that 10 year period. If the pension is 50% of base pay (simplistic, but for the sake of argument), she would get 50% of 50%, or 25% of his pre-tax pension. The retired member pays the entire tax burden of the total pension. Once divorced, the dependent spouse will lose all other privileges, including TRICARE. An attorney absolutely needs to be involved and the sooner, the better. Most things can be negotiated between both sides prior to the finalization of the divorce, except for the pension (it is mandated by state law and non-negotiable). You can negotiate health insurance coverage into the divorce agreement for a period of time or in perpetuity; however, if the retired member is enrolled in TRICARE (and why wouldn't he?), a non-dependent former spouse cannot be included in his plan. Every case is unique and just because Sally got this when she divorced Steve doesn't mean you'll get the same thing; the judge can award you less...or more. The bottom line is, bite the bullet and retain an attorney.

There have many cases where the retirees declined the SBP and signed their spouses names to it. You would also be surprised how many military spouses are completely unaware of what they are/may be entitled to in the event of the retirees death.

 

[PeoplesElbow]

BS. You ever gone through a divorce being retired military with a cheating wife. The judge found in favor of the wife. So I say BS to the 50/50 crap.

So you gave up more than 50% of your assets?

 

[Coventry17]

Thought MD was a straight 50/50 split no matter what?

Not really. There is a tremendous amount of latitude granted to the judges, particularly if children are involved. Maryland is NOT a community property state, like California.