Military Spouse's Divorce Entitlements

After marriage, a spouse is entitled to a portion of the military member's retirement contributions and entitlements accumulated during the marriage, including pensions, TSP, FERS, and other retirement plans like Roth IRAs. The spouse's share is calculated based on the duration of the marriage and the military member's length of service.

During negotiations, the amount the spouse can receive from these accounts can be adjusted. However, to actually receive their portion, a court requires a Qualified Domestic Relations Order (QDRO). Without a properly prepared QDRO, the distribution won't occur.

Child support and spousal support combined cannot exceed 60% of the military member's gross pay and allowances. While child support typically adheres to this limit, spousal support may exceed it.

It's crucial for military members to understand their rights during divorce proceedings to avoid being burdened with obligations they can't fulfill.