Payment of military retirement to a former spouse


The issue I have is that “disposable retired pay” is still before taxes have been taken out. I was married less than 10 years so DFAS will not distribute to my former spouse directly, I have to do that. There’s a fundamental mismatch: her amount is before taxes and I can only pay with after tax money. So how do I do that, how do I pay her pre-tax amount from post-tax money? It seems unfair that I have to pay the federal/state taxes on her income.

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Posted by Anonymous
Asked on October 10, 2019 12:40 pm
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Thank you for the question, and your reduction of the facts was extremely helpful. You are right in that the Government will not directly pay the ex spouse if you have not met the 10/10 rule, which means that you have to pay her directly, and that this money must thus be paid by you to your ex. It is important to remember that retirement funds are included in your property division, and they are considered an asset. In order to change the division of property, you must file an order with the court for a modification, but this isn't always in your best interest. My recommendation is that you speak with an attorney whom is qualified in military divorces and tell them the entirety of the facts as they apply to you. Every situation is different, and a qualified attorney will be able to assist you with making the best choice for you.

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Answered on October 22, 2019 2:24 pm