I was married to an army soldier for 16 years, and he’s retiring this year. We’ve been divorced for over 12 years, and I’m wondering if I’m eligible to receive a part of his retirement. There’s nothing in our divorce decree about retirement benefits, and he doesn’t talk to me. Anyone know if I qualify or what I’d need to do to get a portion?
Hey, I think you should be able to get a portion! As long as you were married for at least 10 years and he served over 10 years, you should meet the 10/10 rule. You might have to check with a lawyer though, just in case.
@Lyle
Thanks! Yeah, we were married for over 10 years and he served over 10 years, so I think the 10/10 rule applies. I guess I’ll need to go back to court since it wasn’t included in the divorce decree.
@Lyle
Oh, the 10/10 rule just means that you could get direct payments from DFAS (Defense Finance and Accounting Service) if it’s in the court order. If it’s not, you’ll have to get a modification.
@Lyle
Yep, exactly! Without that specific language in the decree, DFAS can’t send the payments directly. Might take some court time, but sounds like you qualify!
Did your ex ever mention anything about this during the divorce? Sometimes people say things that turn out to be not quite true…
Axelle said:
Did your ex ever mention anything about this during the divorce? Sometimes people say things that turn out to be not quite true…
Yeah, he actually told me I’d get it automatically! But it seems like that’s not true, so now I’ll have to sort it out myself.
Axelle said:
Did your ex ever mention anything about this during the divorce? Sometimes people say things that turn out to be not quite true…
Sounds like he might’ve known that it wasn’t automatic 
Some folks get sneaky with stuff like this.
Just to clarify, if the judge who handled your divorce isn’t around anymore, another judge can still handle this. You’d just file for a modification with the current judge.
Jordan said:
Just to clarify, if the judge who handled your divorce isn’t around anymore, another judge can still handle this. You’d just file for a modification with the current judge.
Got it! Wasn’t sure if the judge being gone would be a problem. Thanks!
Jordan said:
Just to clarify, if the judge who handled your divorce isn’t around anymore, another judge can still handle this. You’d just file for a modification with the current judge.
Yeah, court cases always have a judge with authority over them, even if they get reassigned.
If you do go back to court, make sure you ask for it to be paid directly from DFAS. They handle military retirements, so having it set up there means you don’t have to deal with him at all.
Paris said:
If you do go back to court, make sure you ask for it to be paid directly from DFAS. They handle military retirements, so having it set up there means you don’t have to deal with him at all.
Good idea. Would make things a lot simpler if DFAS could just handle it.
Paris said:
If you do go back to court, make sure you ask for it to be paid directly from DFAS. They handle military retirements, so having it set up there means you don’t have to deal with him at all.
Definitely! That way you’re not chasing him down. DFAS will just deposit it directly to you once it’s all set up.
Just make sure when you go back for that modification, the language in the order fits what DFAS requires. Not a lawyer, but I know that specific wording is key for them.
Shaye said:
Just make sure when you go back for that modification, the language in the order fits what DFAS requires. Not a lawyer, but I know that specific wording is key for them.
Appreciate the tip! I’ll be sure to ask about that with the lawyer.
Shaye said:
Just make sure when you go back for that modification, the language in the order fits what DFAS requires. Not a lawyer, but I know that specific wording is key for them.
Definitely a good move. Lawyers usually know exactly how to word it, so DFAS will have no problem paying you directly.