Reddit, can an ex spouse get military retirement, child support, and alimony when the amount actually exceeds how much I actually get paid for retirement after 20 years of service? It seems a little excessive and can they make you use your VA benefits pay which is fine but that’s about three grand altogether.
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Question about Military Retirement Pay, Child Support, and Alimony?
byu/vindieselsoldier inMilitaryFinance
Posted by vindieselsoldier
4 Comments
1. They cannot use your VA benefits for her share of your military retirement. How long were you married to the ex for and how much of it overlapped with your military service? The state can award the ex some of your retirement and it has to be 10 years of marriage and corresponding service in order for DFAS to make direct payments. If it wasn’t then you will be responsible for sending the money to them.
2. If there is a substantial difference in income (military vs retirement only etc) then you can request an adjustment. Of course each state is different with how much is substantial, but it is usually around 20% difference.
3. I am assuming you are in the process of a divorce and not already divorced, but when you go to court you need to make sure if you are retiring in the near future just know they will usually go off current income and not retired income because you could always decide to stay in and not retire. Once you do retire then you can petition the court to change it.
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I’ve Been divorced for 3 years, and was married for over 15 years. Just retired a few months ago.
There aren’t any federal laws about that as a whole.
USFSPA covers the division of military retirement. There’s info at https://www.dfas.mil/Garnishment/usfspa/maximumpay/ on how much can be garnished. That’s not the same as how much a court can tell you to pay.
VA disability can’t be divided as an asset, but it can be considered as income for calculating alimony and child support. It some circumstances it can be garnished for alimony and child support. https://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part3/subptv/ch05/M21-1III_v_3_SecD.doc#:~:text=Under%20Public%20Law%2095%2D30,partial%20military%20retired%20pay%20waiver.