will need the following to prepare a Military
Pension Division Order in your case:
Documents to be provided:
Active Duty -
Current Leave and Earnings Statement (LES) -
generated twice a month to show pay, allowances, deductions, accrued leave, etc.
(equivalent to a pay stub)
Retirement Points Accounting Statement (chronological statement of
retirement points, such as ARPC Form 249 for Army Reserve or NGB Form 23 for
National Guard) - issued at least once a year to each Guard/Reserve member
Retiree Account Statement (DFAS-CL Form 7220 for Army, Navy/Marine Corps,
Air Force) – generated monthly
to show retired pay, VA waiver, Survivor Benefit Plan premiums, etc.;
Certificate of Release or Discharge (DD Form 214) or other separation
Retirement orders (issued at retirement);
Combat-Related Special Compensation (CRSC) statement (if applicable);
In VA disability cases, the findings and rating letter(s).
Survivor Benefit Plan (SBP)
For a Reserve/Guard member, this would have been first completed at the
20-year mark (Form 2656, Data for Retired Personnel and Form 2656-5,
RCSBP Election Certificate).
For an active duty servicemember, the election form would be completed as
part of the retirement process (Form 2656, Data for Retired Personnel).
If the parties are already divorced, there may be a Form 2656-1 (SBP
Election Statement for Former Spouse Coverage).
General documents – If applicable: court order, separation agreement or any other
underlying settlement document that provides for pension division, and the
The LES, Retiree Account Statement (RAS) and Retirement Points Statement can be
accessed by the military member or retiree at the secure DFAS website,
https://mypay.dfas.mil. There are also secure portals for Coast Guard and
the commissioned corps of the Public Health Service and NOAA.
Basic Information - complete the
Date of marriage: ________________________ Date of
Date of separation: _______________________ Date of
Identifying information for servicemember or retiree:
(refer to LES, RAS, or retirement order for most of this)
birth: _________________________ Social Security #:____________________
Current mailing address:
address: _____________________ Phone number:
grade: _______ at separation _______ currently (or at retirement)
entry into the service (Base Pay Entry Date):
Guard/Reserve case, date of application for retired pay (date one stops
already receiving retired pay, state amount and all
Identifying information for former spouse
birth: ______________________ Social Security #:
address: _____________________ Phone number:
– Please complete the following, which serves as the basis for the pension
FOR ACTIVE DUTY CASES:
Background information: ONE of the following must be
used -- check (ü)
one option on the line provided. If the distribution to spouse is set out in an
order or agreement, a copy of the order/agreement must be attached.
dollar amount (e.g., “$400 a month to Mrs. Brown”)
(e.g., “44% of Mr. Brown’s retired pay”)
clause (e.g., “half of the marital fraction of Mr. Brown’s retired pay, defined
as 140 months of marital pension service divided by X months of total pension
service, this number to be computed by DFAS when he retires).” If member is
still serving, then formula clause is usually used.
award (e.g., “39% of the retired pay of a Major with 24 years of creditable
service and a retired pay base of $5,200”). If member entered service after
9/7/1980, we must have the following information:
▪ hypothetical retired pay base: $_________
hypothetical years of creditable service: __________ years
hypothetical date of retirement: __/ __/ 20__
FOR RESERVE OR GUARD CASES
Background information: Check (T)
one of the following divisions.
dollar amount (See A.1. under Active Duty above)
Give the percent that you want to use (not greater than half). Use this when
the member is no longer performing Reserve/Guard service and has put in for
retirement (or is already receiving retired pay).
May be used in Guard/Reserve cases. Give the total points acquired during the
marriage before date of separation, divorce, or other applicable date under
state law. DFAS will calculate the total points. Spouse usually gets half of
this marital share (unless you specify otherwise). If member is in
Guard/Reserve, use of retirement points is required in a formula clause with X
as the denominator. For Reserve or National Guard spouses, you should get and
review a copy of the servicemember’s points statement. Number of marital
points: ______. (COMPLETE points statement must be attached if this
option is chosen)
You may not use this if member is still serving and you are using
a “formula clause.” DFAS regulations require use of a points calculation for
Reserve/Guard cases when a formula clause is used. If parties agree on all
numbers (months of marital pension service, total pension service) or if member
is retired, then “months over months” can be converted into a fraction, then
that can be multiplied times 50% to arrive at a PERCENTAGE. Percentage for
spouse/former spouse: _____%
IF RETIRED WHEN HUSBAND AND WIFE SEPARATE, ATTACH
THE MOST RECENT RETIREE ACCOUNT STATEMENT (for Army,
Navy/Marine Corps and Air Force, this is DFAS-CL FORM 7220.
Survivor Benefit Plan election:
If a survivor annuity is to be provided to the former spouse, please fill out
the following information:
Type of coverage:
_____ Former spouse only coverage Former spouse and
only coverage Other coverage - specify type\beneficiary
Base amount (the SBP benefit paid to the beneficiary is 55% of the base
_____ Full retired pay
amount (can be any amount $300 per month or greater)
Remember that, without SBP coverage, the pension
stops when the retiree dies.
IF RESERVE OR GUARD: Reserve Component SBP (Survivor
Benefit Plan) applies if one is in the Reserves or National Guard. Check (ü)
one of the following:
(Servicemember) has already retired, receiving retired pay, and election chosen
by SM was: (see next 2 items for available options) ___________________________.
has attained 20 years of creditable service, and has decided to wait until pay
status (usually age 60) to decide on SBP.
has attained 20 years of creditable service, has chosen to have coverage start
at 60th birthday (i.e., if SM dies before then, payments begin at
what would have been age 60 for the SM).
has attained 20 years of creditable service, has chosen to have coverage and
payments start at death, even if before age 60.
has not attained 20 years of service yet, client would like decision to be (fill
in blank): ___________________________________________________
spouse have decided to use life insurance instead of SBP, terms are as follows:
IF SM HAS ATTAINED 20 YEARS OF SERVICE, ATTACH COPY
OF THE SBP ELECTION FORM, DD Form 2656-5.
Pension Offsets: Does the retiree also receive (or is eligible to receive) any of the
Military disability retired pay?
Department of Veterans Affairs disability compensation?
Combat-Related Special Compensation?
YES regarding either, please provide details (including disability rating,
monthly amount of pay/compensation) here:
Thrift Savings Plan:
If member/retiree participates
If the member participates, provide us with the most recent quarterly
If the TSP is to be divided:
State how -- fixed dollar amount, percentage, or formula?
Specify effective date of division (e.g., date of separation, date of
Are passive interest and earnings to be included after this date?
Will the non-employee spouse’s share of the TSP be paid directly to the
former spouse or rolled over into an eligible plan or IRA? ___Direct to spouse
___Roll-over (check one) If rolled over, give the financial institution’s name
and address, as well as the account number of the plan or IRA. Also, provide a
contact name and phone number:
To obtain garnishment of military retired pay as
the recipient spouse must:
years of marriage concurrent with ten years of service.
certified copy of the order within 90 days of filing to DFAS (Defense Finance
and Accounting Service) or other finance center along with a certified copy of
the divorce judgment.
completed Application for Former Spouse Payments from Retired Pay (DD Form
application and order certified or registered mail, return receipt requested on
the designated agent listed below:
Army, Navy, Air Force and Marine Corps:
Defense Finance and Accounting
Service – Cleveland (ATTN: DFAS-GAG/CL)
Cleveland, OH 44199-8002
Coast Guard, Commissioned Corps of Public Health Service, NOAA:
Commanding Officer (RAS)
U. S. Coast Guard Pay & Personnel Center
444 SE Quincy St
Topeka, KS 66683-3591
Toll Free: 1-800-772-8724
To obtain SBP benefits, the former spouse
must submit a completed form DD 2656-10 (deemed election request), a
certified copy of court order awarding SBP, and a certified copy of the divorce
decree within one year of the date of the court order requiring the other
party to elect coverage, to the retired pay center (addresses are shown on DD
2656-10. If the former spouse remarries before age 55, coverage is suspended.
Which division will it be, by Reserve points or years? There is a big
difference between the two dividing methods. Examine the following
a: Major Bill Smith has 5 yrs of
active duty and 15 years of service in the Army Reserve. He married
when he left active duty.
b: To calculate the marital fraction
using points, we start by counting the points he acquired during active
duty by multiplying 5 times 364 to get 1820 points. Then we count his
Reserve points: during his time in the Reserve, he acquired 60 points a
year (for weekend drill,
and membership) for 15 years, or 900 points. Thus his total points at
20 years are 2720 (1820 + 900), of which 900 (or about 33%) are
marital. This should mean that 33% of his retirement pay
(assuming retirement and date of separation both occur at year 20) is
c: If we apply the marital fraction
using years to his retirement pay, however, then his pension is 15
(marital years)/20 (total years) or 75% marital.
“Marital” means between marriage and the date of separation, date of
divorce, or other date specified by state law.
SBP entitlement is suspended if former spouse remarries before age 55.
SBP entitlement will be reinstated if the former spouse’s marriage is
terminated by death, divorce, or annulment.