A former spouse in my opinion should not be allowed any percentage of the retirement. Can I reach out and touch her retirement from a civilian source? No I cannot. It is income not property. Solution, to be eligible for any retirement the former spouse should have to prove the divorce was caused by the service member. Deployments and service do not count on that as it is Army directed. If the service member was unfaithful or abusive then yeah he/she earned it and that member deserves to lose it. Other than that it is a rule made by a lawmaker that got bedded down with somebodys wife/husband and wanted some cash.