This provision allows a former spouse of a military service member to receive direct payment of a portion of the member’s retirement pay from the Defense Finance and Accounting Service (DFAS). To qualify, the marriage must have lasted at least 20 years, the military member must have performed at least 20 years of creditable service, and those periods must have overlapped by at least 20 years. For example, if a couple was married for 22 years and the service member served for 24 years, but only 18 of those years overlapped, the former spouse would not qualify under this provision.
The benefit associated with meeting these criteria is significant. It streamlines the payment process, ensuring the former spouse receives court-ordered payments directly from the military retirement system, rather than relying on the service member to forward those payments. This reduces the potential for disputes and ensures consistent financial support as determined by the divorce decree. Historically, this rule addressed situations where former spouses, who often sacrificed career opportunities to support the service members career, faced difficulties in receiving their share of retirement benefits post-divorce.
