Qdro For Military Retirement

[mauricetill]

What is the name of your state? MD

I have a draft of my absolute divorce judgement and I asked my lawyer to ensure the correct formula in order for Defense Finance to distribute my military retirement to my exspouse and because we were married for 10 years, requested that be put into the decree also. Her lawyer is saying she wants to complete a QDRO and I am telling them all Defense Finance (I contacted them in regards to this) is concerned about is the formula and number of months married to ensure they start the retirment once I retire. We are to go back to court, to hopefully finally settle this to where my divorce is final.

Is it necessary for the QDRO or can I fight not for it to be done. Thank you for your advise

Maurice

 

[IrishLady47]

A QDRO typically divides a pension based on the value determined at the time of the divorce. This is not possible with a military retirement. Until you actually retire, there is nothing to divide, unlike most pension plans in the private sector. You are correct in that your divorce decree should state the years of marriage and the overlap of the marriage with your active duty. Then you can divide the pension as you and your ex agree, just like other assets. For DFAS, the share to your ex must be stated in either a specific dollar amount, a percentage of your retired pay, or a formula that only requires DFAS to supply the number of years of creditable service.

 

[mauricetill]

Thank you, that was very helpful.