Military Retirement Divorce – After all it is all about Defense and its financial accounting
The military retirement divorce is quite twisty comparatively. The Uniformed services Former Spouse’s protection Act became effective since 1st Feb. 1983, where the former spouse of the military members were permitted to receive a apportion of the military retired pay in accordance with the terms of the divorce decree. The act recognizes the right of state divorce courts to require the appropriate administrative agency to the military to make direct payments to the former spouse up to 50% of the members disposable retirement pay. The division of retired pay may be somewhat more complex than the drafting of Qdro for government plans. There are how ever some limitations and requirements that one should know. There is a 10 / 10 rule of the property division under the military retirement divorce, which is very critical for one to understand before drafting an order to divide a member’s military retired pay. If the 10/10 is not satisfied, the military agency known as DFAS (Defense Finance and accounting Service), will not honour a court order to divide the members retired pay.
According to the rule ” If the spouse or the former spouse to whom payments are to be made under this section was not married to the member for a period of 10 years or more during which the member performed at least 10 years of service creditable in determining the member’s eligibility for the retired pay, payments may not be made under this section to the extent that they include an amount resulting form the treatment from the court under some sections of the disposable retired pay of the member as property of the member and his spouse. Let’s put it in a simpler way. If the client’s marriage lasted for less than ten years, forget about drafting an order, that directs the military to provide the client with any direct payments of the member’s retired pay. The Defense Finance and accounting Service or the DFAS will not honour the court order. Further if the client is married for more than ten years but the members did not earn at least ten years of their creditable service during the marriage the same body under the military retirement divorce plan will also not honour the court order to divide the retired pay.
The clients are asked to keenly note that the 10 / 10 rule for the property division is not applicable to a division of retired pay for spousal support or for even child support purpose. But one may submit the court order to DFAS for the purpose of child support or alimony even if the 10 / 10 rule is not satisfied. The DFAS will honour such court order to provide direct payments of alimony or child support.
However, still if you are at a dilemma regarding the whole issue, please call for the Qdro consultants for the military retirement divorce plan through the site QDROnow.com, who make the things simpler and easier to be understood. If the clients have any further question regarding the drafting of an order to divide military retired pay, the consultants are happy to assist you in this area of the law.
See this great site for expert QDRO divorce guidance
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