If state law allows the retired pay to be divided, how will the division take place?
The rules for retired pay division vary from state to state. For example, the court can divide the pension by ordering that a portion be paid to the nonmilitary spouse upon the servicemember’s retirement. This would be paid on a monthly basis as long as the retiree receives payments. The payments could come from the retiree or, if the “direct payment” conditions in #4 above are met, directly from DFAS so long as it is contained in a court order (not just in a separation agreement).
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