I'm going to talk to a civilian lawyer specializing in military law, but figure I would ask here in case anyone has dealt with this.

    Per the NDAA 2017 regarding military divorce, the decree MUST stte 3 things:

    Active Duty Retirement:
    If the member entered the service before September 8, 1980:

    1. A fixed amount, a percentage, a formula, or a hypothetical that the former spouse is awarded;

    2. The member’s pay grade (Rank) at the time of divorce;

    3. The member’s years of creditable service at the time of divorce.

    Long story short we did mediation and my lawyer basically said the above, but after signing and getting the decree (I'm dumb and didn't read it), it has none of that in it. It simply say 50% of my retired pay. My question is, is that legally enforceable, I would assume no based on the federal law.

    Retirement in divorce NDAA 2017
    byu/jeffhizzle inMilitaryFinance



    Posted by jeffhizzle

    2 Comments

    1. There’s more info on how DFAS deals with these at https://www.dfas.mil/Garnishment/usfspa/NDAA-17-Court-Order-Requirements/

    Leave A Reply
    Share via