While military retirement is not divisible using a Qualified Domestic Relations Order ("QDRO"), it is divisible using a Military Retired Pay Division Order.
The Defense Finance and Accounting Service (“DFAS”) has very specific rules about how and when military retired pay can be divided. You must have been married at least 10 years, and must have performed at least 10 years of your service during your marriage. In addition, they will not award more than 50% of retired pay as marital property. More importantly, DFAS sometimes require the Final Judgment of Divorce to have certain items documented.
Is Your Divorce Finalized?
If your divorce is already finalized, just complete the online QDRO checklist to get started, and we will request any additional information we need once we have reviewed the documents.
Is your Divorce in Progress?
If you are still in the process of negotiating your divorce, contact us and we will refer you to some resources where you can make sure your Divorce Agreement is dividing your military retired pay correctly, and get started drafting the order for you now to submit when your divorce is finalized. Just complete the online QDRO checklist and we will contact you to get the additional information we require after reviewing the documents.
We also can provide the appropriate court orders for other Federal programs including FERS and TSP. Just complete the regular online QDRO Checklist to get started.
Please contact us today should you have any questions with respect to your Military Retirement Division Order.