Military Pension Division Discrepancy: Points v. Time By Rachel Smith
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nowing how to value and calculate the division of military pensions can be a minefield fraught with frustration and confusion. As with the valuation and division of any retirement plan, but even more so with a military pension, it is essential to keep records and do the proper research to understand how a military pension is calculated, as well as the rights and options of each spouse (both the non-servicemember spouse and the servicemember spouse). This article explains the difference in the evaluation, calculation, and division of a military pension when the servicemember spouse is active duty (time), as opposed to a reservist or in the National Guard (points). Dividing a traditional military pension in a divorce is a specific process. Calculating how much the non-servicemember spouse receives from the military pension can be a time-consuming and meticulous process. Last, but not least, there are particular requirements in order for the non-servicemember spouse to receive direct payments from Defense Finance and Accounting Services (DFAS), which administers finances and payments to servicemembers and veterans.
Military Basics The United States Armed Forces has has six branches of service: Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force. It is important to be aware that what a servicemember is called depends 16 San Antonio Lawyer | sabar.org
The traditional military pension under the legacy system is one that provides a servicemember with a lifetime pension after he or she has served in the military for a required number of years, usually twenty active-duty years. upon the branch of service in which the servicemember served. For instance, a servicemember in the Army is a soldier; in the Navy is a sailor; in the Air Force is an airman; and in the Marines is a marine. The term “servicemember” is a broad term that applies to all branches of service. The next distinction is the status of the servicemember in the Uniformed Service: active-duty, reservist, or National Guard. The National Guard is the reserve component of the United States Armed Forces from each state and the territories of Guam, the Virgin Islands, Puerto Rico, and the District of Columbia. As a result, there are fifty-four separate organizations of the National Guard. The National Guard can be deployed or mobilized for federal and domestic missions. An active-
