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 Over Servicemembers
      • Service of Process on Military Personnel
    • 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
    • Disability & Divorce
      • VA Waiver of Military Retirement
      • Indemnity for VA Waiver
      • Combat-Related Special Compensation (CRSC)
      • Disability Retired Lists (TDRL / PDRL)
      • Disability Severance Pay
      • Traumatic Injury Protection (TSGLI)
    • 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
      • Mixed Reserve & Active Time for 20/20/20 Benefits
    • 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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Reserve Family Law Issues

  • Reserves

 

Division of Reserve Component Military Retirement

The formula for dividing reserve military retirements is based upon the same principle as active duty retirements, with one change - it utilizes retirement points, rather than months.

The former spouse of a reservist is entitled to one-half of the marital portion of the servicemember's disposable retired pay, calculated as one-half of:

Retirement points accumulated during marriage
------------------------------------------------------------
Total retirement points at retirement

Note that a reservist who has at least 20 years of qualifying service (50 or more retirement points earned in the year) is eligible for retirement, but the payments do not begin until the servicemember's 60th birthday.

A reserve servicemember can find out the retirement points acquired during marriage, depending upon his/her branch of service. For more information, see:

Army Reserve. ARPC Form 249-2-E (Chronological Statement of Retirement Points) sent annually to reserve soldiers within 2 months of their Retirement Year Ending Date, and accessible online by at the U.S. Army Human Resources Command My Record Portal.

Air Reserve. The paper version of AF 526 has been discontinued, but retirement point credit information is available at the Virtual MPF.

Navy Reserve. Annual Retirement Point Record is not in paper format, but accessible online at BUPERS Online.

National Guard. NGB 23 (Retirement Points History Statement). Applies to the Army National Guard and Air National Guard.

 

Reserve Component SBP (RC-SBP)

The reserve component has a Survivor Benefit Plan, similar to, and different from, the active duty SBP. Among the choices available are making an election upon the reservist's retirement, or deferred until age 60, when the retirement benefits start getting paid, opting for a deferred SBP annuity, or one to start immediately, etc.

 

More Information

National Guard Retirement Benefits Page. An excellent overview of the reserve retired pay system, by the Texas National Guard.

Reserve Retired Pay Calculator

Reserve & National Guard Retirement Pay System article on About.com.

Points, an article on the Air Force Times web site about accumulating reserve points.

Reserve Component Survivor Benefit Plan (RC-SBP), from the Coast Guard Personnel Service Center.

‹ Obtaining Military Records up Understanding Military Pay ›
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