Military Retirement Benefits
The Willick Law Group has substantial experience dealing with military retirement benefits cases. Marshal Willick wrote the first textbook in this subject area, “Military Retirement Benefits in Divorce: A Lawyer’s Guide to Valuation and Distribution” for the American Bar Association in 1998, and has written articles and taught continuing legal education seminars on the subject for several decades.
The materials below, including a summary of the changes to the USFSPA as a result of the 2017 NDAA, a comprehensive article on division of military retirement benefits, a Survivor’s Benefit Plan cost-shifting calculator, and other links and explanatory exhibits are intended to provide a resource for those working in this area or subject or interested in learning it.
- Checklist for Military Retirement Benefit Cases (May, 2017)
- Military Divorce MRB/SBP Order Questionnaire
- DD Form 2656-10 SBP Request for Deemed Election (expires July 31, 2023)
Suggested Language for Any Decree of Divorce Implicating a Military Retirement (2024)
The court reserves jurisdiction to issue and enforce an Order Incident to Decree fully addressing and specifying the distribution of military retirement benefits including such clauses as are necessary to address all future contingencies.
Former Spouse is to receive 50% of the marital share of the military retirement in accordance with the laws of this state. Any amounts not payable by the Defense Finance and Accounting Service are to be paid directly by the member to the former spouse. Former Spouse shall be entitled to Cost of Living Adjustments to this award if and when granted by the United States Government. Former Spouse shall be named as the irrevocable beneficiary of the survivor benefit plan (SBP) with the full amount of the retired pay being used as the base amount. Former Spouse is entitled to 50% of the marital share of the Thrift Savings Plan.
Military cases involve unique and technical issues. The Willick Law Group often assists litigants and lawyers throughout the country, drafting orders, consulting, or providing expert witness testimony in military cases. We welcome calls or e-mails from litigants or attorneys who have need for more direct assistance with their cases.
From periodically – updated CLE materials:
- Divorcing the Military: How To Attack, How To Defend (updated: June 2024)
- Divorcing the Military CLE Power Point
- Application for Former Spouse Payments from Retired Pay DD Form 2293
- Military Retirement Eras
- Exhibits to Death and Related Topics of Cheer
- Old Disposable
- New Disposable
- 20/20/20 Military Spouses
- 20/20/20 Military Spouses Alternate
- 20/20/15 Military Spouses
- 20/20/15 Military Spouses Alternate
- Military Retired Pay Civil Service 1 — Kept Separate
- Military Retired Pay Civil Service 2 — MRBS Waived to Combine
- Model Decree of Divorce Form
- USFSPA Regulations (DoD FMR 7000.14-R Vol. 7B Ch. 29, Jun. 2017)
- Military Retirement Pension Division Law — A Quick Primer On Recent Changes To Federal Law
Calculators
NOTE: THE UNIVERSAL SBP PREMIUM-SHIFTING CALCULATOR WAS DESIGNED BEFORE NDAA-17, AND NOW SHOULD ONLY BE USED FOR CASES IN WHICH THE SERVICE-MEMBER HAS ALREADY RETIRED.
- Press Release for SBP Premium Calculator
- Active Duty Military Retirement Calculator – Frozen Benefit Rule
- New Reserve Retirement Calculator – Frozen Benefit Rule
- Universal SBP Premium-Shifting Calculator in Excel (Microsoft)
- Universal SBA Premium-Shifting Calculator in Quattro Pro (Corel)
- Military Pay Calculator (calculator for “RMC” — converts non-taxable elements of military compensation, such as BAH, or BAS, into their taxable equivalency for support, comparative household income, and similar calculations).
Benefits in Divorce (1998)
A Lawyer’s Guide to Valuation and Distribution by Marshal S. Willick
Price: $25
Covers all aspects of cases with military benefits, showing you how to:
- Value retirement plans and other service benefits
- Obtain information and payment from military pay centers
- Manage multi-state and international litigation
- Handle survivorship benefits
- Deal with jurisdiction traps
- Obtain direct payment of benefits
- Appeal adverse decisions
Additional Military related articles and information:
- 10 U.S.C. 1408 (Uniformed Services Former Spouses Protection Act)(Dec 2016)
- Thrift Savings Plan for Military Members
- Military Retired Pay and the Dangers of “REDUX”
- Disability Benefits and “Concurrent Receipt”
- American Bar Association: Military Committee
- AAML Position Paper on 2001 Review of USFSPA
- Military Retirement Benefits Teleclass Outline
- Military and Veteran Reference
- Roll Call (Newsletter of the Military Committee, ABA Family Law Section: Vol. 2008-1, Summer, 2008, on use of the CHCBP as a long-term health care option for former military spouses).
- It may be good idea to remind folks that seek Indefinite CHCBP Coverage (i.e., beyond 36 months) that the “front line” Customer Service Reps at the CHCBP Administrators are NOT well briefed on the “indefinite CHCBP Coverage” issue for qualifying former spouses. Clients approaching that Threshold should ask to speak with a CHCBP Administrator Supervisor and usually they are better informed. What I’ve discovered happens as the Former Spouse approaches the 36 month threshold is that front line Customer Service Reps (and TRICARE Service Center Representatives) will tell callers that 36 months is the “max” they can get. Unless the Former Spouse perseveres and asked to speak with a Supervisor, they will just give up. The Supervisor will advise the Former Spouse to submit their CHCBP Application as usual, and attached a copy of their Divorce Decree, Settlement Agreement, DRO, MPDO, or whatever they have to show they are entitled to a portion of MRP and/or FS SBP coverage. They should also submit a letter stating why CHCBP coverage is the ONLY available coverage they have, and to formally/specifically ask for “Indefinite CHCBP Coverage.” That will usually do the trick. Contributed by John Camp Note About Carry-Over Health Coverage to Replace the SBP:Historical Military Pay Tables:
Historical Military Pay Tables
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