Servicemembers Civil Relief Act Centralized Verification Service

Second Wife’s Military Pension: What You Need to Know

Posted by Roy L. Kaufmann

It is common knowledge that military spouses are granted military benefits, but what about a former spouse? Military personnel sometimes marry several times, and one might wonder how much these spouses are entitled to when it comes to military retired pay. We’ll discuss the military pension a second wife is provided for some clarification.

Does a second wife get military benefits?

A family sitting on the lawn in front of their house, wrapped in an American flag.

Yes, military spouses are granted multiple benefits as long as they’re wed to the service member. However, their benefits might become limited if they divorce the service member and their case doesn’t fall under the protection of the United States Former Spouses’ Protection Act (USFSPA). The benefits they receive will also be affected by the service member’s Survivor Benefit Plan elections.

What is the Uniformed Services Former Spouses’ Protection Act?

Commonly known as the USFSPA, the Uniformed Services Former Spouses’ Protection Act is a law that guides military members on distributing military retirement pay in a divorce settlement.

Enacted in 1982, this legislation doesn’t provide a former spouse with a cut of the military member’s retirement pay. Instead, the USFSPA permits marriage parties to use disposable retired pay as marital property. In turn, military retirement pay can be subject to division in case of military divorce.

Prior to 2017, the USFSPA allowed a state court to split up military retired pay based on the pension’s value. Because of the freeze-discount rule, an ex-spouse loses spouse coverage upon the marital dissolution, and their share relies on the member’s rank when married.

What is the 20/20/20 Rule?

A former spouse is permitted to retain all the benefits they enjoyed during their marriage to the service member if the couple was married for at least two decades, the service member has two decades of creditable service years, and they were married during the period above.

The former spouse can retain these privileges if they don’t marry another civilian. However, they can still enjoy privileges if their new spouse is a service member. They can also use military healthcare benefits if they don’t have an existing employer-sponsored health plan.

If their marriage only covered 15 years of the service member’s creditable military service, the former spouse can still enjoy one full year of military healthcare benefits. Once their coverage expires, they may opt to continue by paying the Department of Defense a certain amount. Other military privileges only last for a year.

What is the 10/10/10 Rule?

The Defense Finance and Accounting Service (DFAS) gives a service member a portion of their military retirement pay once a decade of married experience overlaps with a decade of creditable service. Within a month or 30 days of a former spouse receiving their payments, the DFAS must get legal approval.

The military member must pay directly to the former spouse for married couples with less than a decade of marriage. The DFAS won’t make any direct payment to the former spouse if they were married for less than a decade.

Remarriage Impact on Military Retirement Pay to Ex-Spouse

What if a former spouse remarries? If a former spouse remarries before turning 55, they forfeit the military retired pay they obtain as part of their ex’s Survivor Benefit Plan. However, retired pay as marital property payment won’t stop unless there’s a court order.

The same doesn’t apply to other military benefits. Regardless of whether the former spouse satisfies the 20/20/20 rule, they forfeit military privileges when they marry another person. They’ll only retain former spouse coverage if their new spouse is a service member.

Does an Award of Disability Pay Affect the Payment I Get?

Yes, it’s possible. One’s disability pay is subtracted before disposable retired pay is calculated. A former spouse is entitled to only a portion of this amount. The service member can opt to elevate their disability pay to lower the military retirement pay they must send to their former spouse.

Former Spouse Equity Act (FSEA) Considerations

The Former Spouse Equity Act (FSEA) mandates that a former spouse may retain certain privileges despite a divorce settlement.

If the former spouse remarries before turning 55, they can keep Survivor Benefit Plan (SBP) privileges. The payment continues unless court orders stop military retirement pay cuts for former spouses.

Likewise, former spouses married to a service member for at least a decade can retain SBP privileges even if they remarry. However, other military privileges stop once they marry another civilian. The only exception is if the new spouse is a service member.

Regardless of whether you’re a service member or a civilian, divorce is expensive. While the court may dictate how much a second wife may receive once the divorce is settled, it should be highlighted that they’re not allowed to get a hundred percent of the member’s retired pay.

Moreover, the freeze-discount rule dictates that the amount they receive is limited to the military personnel’s rank when they were married.

A former military spouse may keep most of the military retirement benefits they enjoyed only if they’ve been married to that person for at least a decade. Marrying a civilian can mean saying goodbye to the privileges you once enjoyed as a military spouse.

Navigating a divorce settlement can be challenging. Fortunately, the Armed Forces offer legal resources to help service members safeguard their best interests during divorce. They can also confer with other military retirees to get advice from those who’ve faced a divorce decree.

Final Words

What a second wife gets from military retirement pay depends on various factors. Nevertheless, they need to prove the service member’s active duty period to get benefits. SCRACVS can help you get proof of military service. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

Does my ex-wife still get my military retirement if she remarries?

Yes, your ex-wife can still receive a portion of your military pension if she marries after turning 55. They can only stop receiving military retired pay if a court orders it so.

Will I lose my husband’s pension if I remarry?

No, you won’t lose military pensions if you remarry unless a court order is provided. However, you’ll have to forfeit other military benefits once you get married to another civilian.

Which wife gets military retirement?

This would depend on the court order, but in general, spouses who have been married for at least two decades retain military privileges and pay.

How much does a military wife get if her husband dies?

Surviving spouses are entitled to $100,000 as part of death gratuity benefits to active duty service members.

Is my second ex-wife still entitled to my military retired pay?

It would depend on the court order and your marriage’s duration. If you were wed for at least a decade, they retain SBP privileges.

How much do military wives get paid?

The Armed Forces do not compensate military wives. However, like other military dependents, they are granted military benefits.

Attorney Roy Kaufmann serves as the Director of the Servicemembers Civil Relief Act Centralized Verification Service, located in Washington, D.C. As a recognized authority on the Servicemembers Civil Relief Act, Mr. Kaufmann has published hundreds of articles and hosted many webinars. His teachings help law firms and businesses to remain compliant with the SCRA rules and regulations so as to avoid costly fines.