Military Divorce Guide

Comprehensive Family Law Information for Servicemembers & Family Members.

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About the Guide

The Military Divorce Guide was created by Carl O. Graham, a Colorado Springs, CO divorce lawyer and former Army JAG officer. As a principal of Black & Graham, LLC, domestic relations and criminal defense attorneys, Carl is in charge of the firm's family law practice, and focuses exclusively on Colorado divorce & family law, including military divorce issues.

  • Military Updates
  • Military Divorce Guide
    • Jurisdiction Over Servicemembers
      • Subject-Matter Jurisdiction
      • Personal Jurisdiction
    • Division of Military Retirement
      • Types of Military Retirement
      • Disposable Retired Pay
      • Colorado Formula for Military Retirement Division
      • Servicemember Still on Active Duty
      • Direct Retirement Payments from DFAS
    • VA Disability & Divorce
      • VA Waiver of Military Retirement
      • Indemnity for VA Waiver
      • Combat-Related Special Compensation (CRSC)
      • Disability Retired Lists (TDRL / PDRL)
      • Disability Severance Pay
    • Survivor Benefit Plan (SBP)
      • SBP Beneficiaries
      • SBP Election
      • SBP Premium Costs
      • SBP Premium Payment Responsibility
      • SBP Suspension or Termination
    • Military Family Support
      • Army Family Support
      • Air Force Family Support
      • Navy Family Support
      • Marine Corps Family Support
      • Coast Guard Family Support
    • Former Spouse Military Benefits
      • 20/20/20 and 20/20/15 Benefits
      • Continued Health Care Benefit Program / COBRA
    • Garnishment of Military Pay
      • Garnishing Military Retirement & VA Disability
      • Maximum Garnishment Limitations
    • Servicemembers Civil Relief Act (SCRA)
      • Protection from Default Judgments
      • Stay of Civil Proceedings
      • Colorado Reservist Parent Protection
    • Domestic Violence
      • Lautenberg Amendment
      • Domestic Violence Victim Benefits
    • Obtaining Military Records
    • Reserve Family Law Issues
    • Understanding Military Pay
    • Life Insurance
    • How to Hire a Military Divorce Attorney
    • Paternity & The Military

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Disposable Retired Pay

  • Military Retirement

Per 10 U.S. Code §1408(a)(4), a state divorce court is authorized to divide a servicemember's disposable retired pay.  This is the total pay (aka "gross pay"), minus the following:

  1. Amounts owed to the government for previous overpayments (not common),
  2. Forfeitures adjudged by a court-martial (even rarer),
  3. Pay waived to receive VA disability (common), and
  4. SBP premiums for the benefit of the former spouse seeking a share of the retirement (common).

 

Bonuses or Benefits in Lieu of Military Retirement

The most common benefit in lieu of retirement is when a servicemember receives VA disability, and must waive some of the military retirement to receive those payments.  See VA Disability & Divorce for more information.

The military has a variety of methods to separate servicemembers from active duty before retirement which may result in separation pay or other benefits in lieu of retirement. Should this occur, the Colorado divorce court may award the former spouse a portion of the benefit or bonus received in lieu of retirement.  As an example, if a servicemember separates with VSI or SSB benefits instead of a retirement, those benefits are divisible by the Colorado divorce court.  In re: the Marriage of Heupel, 936 P.2d 561 (Colo. 1997).

Sometimes, a retiree working for the federal government may merge the military pension into a federal civil service pension.  In that event, the Court will need to retain jurisdiction to protect the spouse's right to receive the retirement.

The FY2000 National Defense Authorization Act introduced the Career Status Bonus. Formerly, servicemembers who entered active duty after 8/1/1986 were forced into the relatively unfavorable REDUX system. Now, those same servicemembers will fall under High-3, but can elect to receive a $30,000 lump sum Career Status Bonus at 15 years, and thereby opt for the REDUX retirement system. This election obviously has consequences for the civilian former spouse, as it reduces the value of his/her portion of the military retirement.  These payments may be divided by the Colorado divorce court.

‹ Types of Military Retirement up Colorado Formula for Military Retirement Division ›
Military Divorce Guide, Copyright © Black & Graham, LLC  (www.blackgraham.com). Reprint Information

128 S. Tejon St Ste 410, Colorado Springs, CO 80903  (Map to Office)  Tel: (719) 328-1616  Fax: (719) 630-8495.

This site is informational, and not a substitute for legal advice from one of the Colorado Springs military divorce law firms, lawyers or attorneys. Only a signed agreement with this Colorado Springs divorce lawyer creates a lawyer-client relationship. We practice in Colorado Springs / El Paso, Teller, Douglas, and Pueblo Counties, and the neighboring military installations (Fort Carson, Peterson Air Force Base, the Air Force Academy, Cheyenne Mountain Air Station, and Shriever AFB). We practice in Colorado family law (Colorado divorce, military divorce issues, child support law, grandparent visitation & rights, common law marriage, child custody law, legal separation law, annulment, alimony law, etc), and criminal defense.  Login