A former spouse who meets the 10/10 rule can apply for direct payment from DFAS of his/her portion from the division of military retirement (if Army, Navy, Air Force or Marines), at:

DFAS-Cleveland Center
DFAS-HGA-CL
PO Box 998002
Cleveland, Ohio 44199-8002

Fax:  877-622-5930 or 216-522-6960

Because military retirement is a federal entitlement, not a qualified pension plan, no Qualified Domestic Relations Order is required - simply send DFAS a DD Form 2293, Application for Former Spouse Payments from Retired Pay, together with certified copies of (1) the decree of dissolution, and (2) the court order dividing the retirement.

The order should contain the following:

1. An indication that the servicemember's rights under the Servicemembers Civil Relief Act (formerly the SSCRA) were respected, if the dissolution was finalized while the servicemember was still on active duty,
2. An indication of the Colorado divorce court's jurisdiction over the servicemember (either residence, domicile, or consent to jurisdiction, including not contesting jurisdiction),
3. The marriage date, and an indication that the 10/10 rule has been met, and
4. The percentage share (or, less commonly, the dollar amount) awarded to the former spouse.

Note that it will take about 90 days to receive the first payment. Upon receipt of the application, DFAS must first send the servicemember notice, and he/she then has 30 days to contest payment.

Maximum Payments from DFAS

The maximum portion of a retirement that DFAS will pay a former spouse as part of a property division is 50% of the servicemember's disposable retired pay. This does not prevent a Colorado divorce court from dividing the military retirement and awarding a former spouse more than half (theoretically possible, but never seen it happen).  Should a servicemember be in that unlucky situation, he/she will have to make up the difference between what DFAS pays directly and the divorce court's division of military retirement.

In cases where military pay is both awarded to a former spouse as a property division, and subject to garnishment for child support or maintenance, the maximum DFAS will pay the former spouse directly is 65%. But again, should the Colorado divorce court order's encompass this situation, the servicemember would have to make up the difference between the amount DFAS pays out and the amount ordered.

More Information

DOD Financial Management Regulation, Volume 7B, Chapter 29, "Former Spouse Payments From Retired Pay".  This easy-to-read regulation sets out clearly what DFAS requires to pay the former spouse a share of the military retirement.