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|10-07-2005, 08:29 AM||#1|
10/10 Marriage rule for Spouse Retirement Entitlement
Good morning, I am currently representing myself re: trying to receive my portion of retirement from an x-spouse, who retired in April 2005 as Col (06) in the Air Force. We were married 12 yrs, married in 1984, divorced in 1996, I relocated to a suburb of greater Atlanta, Georgia. I have an x-husband that does not want to honor the Decree which states in part, that I am entitled to 50 percent of his retirement benefits. The decree reads as follows: "Respondent is entitled to an award of "one-half" the community share of Respondent's military retirement based upon the Respondent's accrued military retirement benefits. I submitted the Decree to DFAS, and they sent me a letter stating that they require a "Clarifying Order" which would change the wording which states "one-half" to read "50 percent", for purposes of calculation. I then prepared a Motion to Amend, which, is what I was told by DFAS to submit to the Court. The Court denied, in part, my Motion on Oct 6, 2005. Has anyone experienced this before? I know that I meet the 10/10 rule? I am only wanting what is lawfully and rightfully mine. I met this guy when he was NCO, we then pursued the opportunity of becoming an Officer. I have been on "both sides of the fence", with regard to NCO and Officer status. After the "X" decided to have affairs, fall in love with his Officer status and out of love with his family, I decided it was better for the family to pursue a career of my own, and filed for divorce and moved to Georgia. I supported this person for many years, thus, entitlement of benefits were earned. I have researched many websites with regard to this matter; DFAS website, and many more, trying to obtain as much information as possible. If there is anyone out there that could shed some light re this matter, it would be much appreciated. You can email me at email@example.com or reply thru this program. Thanks a bunch.
Last edited by Purpose Driven; 10-07-2005 at 12:02 PM.
|01-01-2007, 11:56 PM||#3|
Join Date: Dec 2006
I think I can help here.
Not only am I in the Air Force, but I have delt with this question a couple of times in my career field. If the 10/10 rule does apply to you then you need to check what the state you were divorced in provides for the 10/10 rule. I must tell you though that most states don't uphold the 10/10 rule. I would talk to a lawyer and not DFAS. DFAS is not going to pay you simply because it will be up to the state you were divorced in as to how much if any of your ex spouses retirement you get. Also, the Air Force Sergeants Association is currently working to get this rule abolished. The reason being (and forgive me if I'm sounding cruel) is that no matter what the circumstances of your divorce where it does not make you entitled to the retirement he gave 20 years or more of his life for. The military is one of the most difficult most rewarding jobs a person could ever have. Unless you were also active duty, which you are not or you woulnd't be looking in to this, you have not seen both sides. If I was a betting girl I would say that your divorce papers say something like "irreconsirable (sp?) differences" and not adultry. Personally I think you are barking up the wrong tree. Leave the man's retirement alone. If you are entitled to any money from him then that is what child support and alimony are for. Go after him for that. Remember he is the one that served for 20 years or more, not you. People who do this to ex spouses are the reason some of our service men and women separate at 18 years so that the ex cannot have their retirement.
|08-01-2009, 10:32 PM||#4|
Join Date: Jul 2009
I would like to know, I joined the military in Jun 1979 and got married Sep 1979 when we both were in the military. I got off Active Duty in 1982, stayed out until 1989 and joined the reserve and then joined the AGR program in 1991. My ex-husband and I were separated in 1979 and I filed for divorce in Jun 2002 and I am retiring this Sep 2009. How does the 10/10 rule apply to this?