Former Spouse of a Military Member
A waiver is an act of the government to intentionally relinquish its claim against an individual for a debt resulting from erroneous payments of wages or allowances. Financial hardship is not a consideration for waiver. Former spouses must submit a waiver application to DFAS within 5 years of the date the debt was discovered by a pay official.
Former spouses are not eligible for remission.
How to submit
You may request a waiver by completing the DD Form 2789 Waiver/Remission of Indebtedness Application. To be eligible for waiver you must submit your waiver request within 5 years of the date of discovery of the debt. The 5 year statute of limitations period begins from this date of discovery. This means that once your debt is discovered and placed against your account, the time limit for waiver submission is established.
To apply for a waiver you must:
- Have a debt established on your pay account.
- Submit your application to your Retired Pay Office within 3 years of the date the debt was discovered by a pay official.
- Agree to the validity of the debt.
If a debt is disputed, you can ask your Retired Pay Office to conduct an audit before you proceed with the application process. Upon final determination of your audit, if you would like to request a waiver, you may proceed with the waiver process. Please ensure that you attach the results of your audit, and a statement acknowledging the validity of the debt, with the waiver application.
If you did not receive a debt notification letter, you may call the Retired Pay Office to recover a copy at 800-321-1080.
Documents you should send with the applicationProvide all documents that describe how and why the debt occurred to support your waiver application. If you reference a document in your waiver application, you must provide the document.
Failure to provide these documents may prevent consideration of your waiver request.
Where to send your waiver application
If you are a former spouse of a retired member of the military, you must complete and submit the first page of the DD Form 2789, including all supporting documentation to your Retired Pay Office. Your form must be hand signed and dated. Retired Pay will submit the application to DFAS for consideration.
Page updated July 10, 2015.