The marriage date, and an indication that the 10/10 rule has been met, and
The percentage share (or a dollar amount) awarded to the former spouse.
It is important to be patient when you are dealing with the DFAS. It may take up to 90 days to receive the first payment. The DFAS will send the servicemember notice of the application. Thereafter, the servicemember then has 30 days to contest the payment(s).
19. What are the maximum payments that an ex-spouse can receive from the DFAS?
The maximum portion of a retirement that DFAS will pay to an ex- spouse as part of the equitable distribution is 50% of the servicemember’s disposable retired pay. This does not prevent a divorce court from dividing the military retirement and awarding a former spouse more than half. If a servicemember should be in this most unfortunate situation, then he or she will have to make up the difference between what the DFAS pays directly, and what the divorce court’s has ordered.
In cases where military pay is both awarded to a former spouse through equitable distribution, and subject to garnishment for child support or maintenance, then the maximum that the DFAS will pay to the former spouse directly is 65%. However, if the court order or the judgment of divorce requires payment that is greater then the 65% limit, then the servicemember would have to make up the difference between the amount DFAS pays out and the amount ordered.
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