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A former spouse must have been awarded a portion of a member’s military retired pay in a State court order. The Uniformed Services Former Spouses’ Protection Act (USFSPA), Title 10, United States Code, Section 1408, passed in 1981, accomplishes two things.
A member may elect "former spouse" SBP coverage for a former spouse who was originally a "spouse" beneficiary under SBP, provided that the parties were divorced after the member became eligible to receive retired pay.
Spouses, Eligible Former Spouses, and Children of Deceased Retirees We have tools and information to assist you with the DD Form 2656-7 for starting a Survivor Benefit Plan Annuity. We have a Form Wizard to help fill out the form correctly and easily.
Only the former spouse or the former spouse’s attorney – not the member -- can apply for direct pay under the USFSPA, using a DD Form 2293 (Application for Former Spouse P ayments from Retired...
“direct payment.” To qualify for direct payment, the USFSPA requires that a former spouse must have been married to the member during at least 10 years of the member's service creditable for...
The former spouse must deliver to the DFAS service center for the member’s branch of service: A signed DD Form 2293, Request for Former Spouse Payments from Retired Pay, or a signed statement that includes: request for direct payment to the former spouse from the member’s pay;
The USFSPA protects former spouses of retired service members. Former spouses of retired service members may be entitled to a portion of the service member’s retired pay. How to access this benefit. More information on the USFSPA can be found by contacting the Defense Finance Accounting Service.
SBP allows election of coverage for former spouses. Costs and benefits under this option are identical to those for spouse coverage. This web page highlights key aspects of former spouse...
DFAS is required to issue the former spouse an IRS Form 1099-R each year, reporting the former spouse’s portion of retired pay. Consult a tax professional about your specific...
The maximum portion of a retirement that DFAS will pay a former spouse as part of a property division is 50% of the member's disposable retired pay. This does not prevent a court from awarding a former spouse more than 50% of the marital share (theoretically possible, but I’ve never seen it happen).