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 Divorce Guide
    • Jurisdiction Over Servicemembers
    • 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
    • Survivor Benefit Plan (SBP)
    • Military Family Support
    • Former Spouse Military Benefits
    • Garnishment of Military Pay
    • Servicemembers Civil Relief Act (SCRA)
    • Domestic Violence
    • Obtaining Military Records
    • Reserve Family Law Issues
    • Understanding Military Pay
    • Life Insurance
    • Paternity & The Military

Types of Military Retirement

  • Military Retirement

Military retirement comes in three "flavors" depending upon when the servicemember entered active duty. In all cases, a minimum of 20 years creditable service is needed to retire. Note that retirement is calculated using base pay only, and not allowances such as BAH or BAS.

  1. High-3. (Most common type now - applies if entered service from 9/8/1980 onwards). Similar to the Final Pay system, except the 2.5% multiplier is applied against the average basic pay for the highest 36 months of the servicemember's career (generally will be the final three years, unless the servicemember has been reduced in grade administratively or at a court-martial). A COLA is given annually, based upon the Consumer Price Index.
  2. Final Pay. (Prior system - applies if entered service before 9/8/1980). Each year of military service is worth 2.5% towards the retirement multiplier up to a maximum of 75%. A servicemember retiring at 20 years receives 50% (20 years x 2.5%) of his/her final basic pay. A COLA is given annually, based upon the Consumer Price Index.
  3. REDUX. (Entered service from 8/1/1986 onwards, if the servicemember elected to receive the Career Status Bonus). Each year of the first 20 is worth 2% towards the retirement multiplier, and each year after 20 is worth 3.5%. The multiplier is then applied against the average basic pay for the highest 36 months. Thus, a servicemember retiring at 20 years receives only 40% (20 years x 2%), but it increases to 75% at 30 years (40%, plus 10 years x 3.5%). A COLA is given annually, but it is 1% below the Consumer Price Index (with a recalculation at age 62). This complicated mess is the least favorable of the three types of military retirement.

 

Thrift Savings Plan (TSP)

Servicemembers may now contribute up to 7% of their basic pay to a Thrift Saving Plan, but with no matching funds from the federal government. In a nutshell, it is similar to a private sector 401(k) plan in that taxes are deferred on the contributions and appreciation until disbursement.  Contributions to a TSP do not affect the right to receive "standard" military retirement. And the divorce judge must sign a Qualified Domestic Relations Order to divide the TSP, which is separate and distinct from the division of military retirement in Colorado.

‹ Division of Military Retirement up Disposable Retired Pay ›
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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.

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 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).  Login