My W is not retired yet. One of the things that your L should be able to talk with you about is the fact that if a servicemember is granted disability in the amount of 30% or higher, then DFAS will not consider that part of your share of the retirement. How it was explained to me by my lawyer is that if I am awarded 50% of my W's retirement and lets say that her retirement is $1000 then I would normally get $500 per month. However if she is rated at 50% disability, then DFAS would consider her military retirement now $500 and my 50% share would drop to $250. However like you said the laws have been changing on this inregard to concurrent receipt, so you need to make sure your L is up to date. You can also get a lot of information via the internet on the current status of military retirement/disability and concurrent receipt. If the L gets the deer in the headlights look about them, then you might want to check out another lawyer.

S4H

Last edited by searching4help; 09/02/09 02:20 PM.