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If I qualify for automatic payments of my ex-spouse's military retirement pay, how long must I wait for those to go into effect?

A: If you've been awarded your ex-husband's military retirement pay after your military divorce in Virginia, you may have up to a 90-day waiting period before your payments begin. The Uniformed Services Former Spouses' Protection Act (USFSPA) stipulates that your first payment must be received no later than 90 days after your application has been received.

With the financial fluctuations and issues that come with military divorce in Virginia, it's helpful to know the guidelines and procedures that involve your military retirement pay automatic payments.

The military agency that handles military retirement pay for members after a military divorce in Virginia, the Defense Finance and Accounting Service (DFAS), uses the allotted time to:

process your paperwork; and
send notification to the military member.

After the notice required by the USFSPA has been mailed to the military member, he or she has 30 days to respond. If he chooses, he may use this time to provide evidence as to why the military retirement pay should not begin. If problems arise in receiving the support payments, you should discuss your case with an experienced Virginia divorce attorney whose practice is focused on handling cases for women and who also understands the nuances of military divorce.

Another thing to keep in mind regarding your ex-husband's military retirement pay is that your automatic payments must merge into the DFAS payment schedule. Military retirement pay is only issued once a month, so your automatic payments will begin on the next scheduled monthly payment following the USFSPA grace period.

A military divorce in Virginia creates distinctive issues that civilian marriages don't have to deal with. The hassle of working with military organizations to get your ex-husband's military retirement pay can prove difficult, and you might want a Virginia divorce attorney on your side to help you through the process.

Contacting a Virginia Divorce Attorney

Throughout your divorce proceedings, you'll naturally have a lot of questions specific to your circumstances. Get your questions answered by requesting one of our FREE divorce guides for women, or reserving your seat at our monthly divorce seminar - 757-425-5200.

The Virginia divorce attorneys at Hofheimer/Ferrebee are committed to fighting for your rights, assisting in child custody disputes, and advocating that you receive everything you are entitled to and need in order to start your new life.

What Every Virginia Woman Should Know About Divorce is full of thoughtful steps and practical tips that will help you during your separation, divorce, or child custody case including:

-- 20 guidelines for "separation under the same roof"