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
    • 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

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 ›
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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