Is a QDRO when the divorce papers state that I will get 50%?

Asked over 2 years ago - Newport News, VA

We divorced in Hawaii and He lives in Tennessee and I live in Virginia. They said that I would have to get a QDRO from hawaii not here and don't know if after 6 years I can get one. When I called DFAS they said just to send the divorce papers and the DD293 so I did. Will they come back and ask for the QDRO. My ex retired in January and then told me that I would get share that I didn't have to do anything so He will get 3 months of the whole retirement. Does the paper work take 90 days????

Attorney answers (1)

  1. Mary G. Commander

    Contributor Level 16

    3

    Lawyers agree

    Answered . First, QDROs (Qualified Domestic Relations Orders) are entered by the court that granted the divorce. The case usually can be reopened to have one entered.
    Since you mentioned DFAS, however, it appears that you are dealing with a division of a military retirement. A QDRO is not required to divide a military retirement. This is done in the Final Decree of Divorce.
    In order to apply for direct payments, a former spouse must submit a completed Application for Former Spouse Payments from Retired Pay (DD Form 2293), and a copy of the pertinent court order stating the former spouse’s award or awards that has been certified by the clerk of court. A photocopy of the certified order is acceptable. In order to complete the application, the former spouse may have to submit additional documentation for DFAS to determine whether all requirements, such as 10/10 (10 years of marriage coinciding with 10 years of active duty service) or jurisdiction, were met. The application must be sent to Garnishment Operations at the Defense Finance Accounting Service (DFAS). The application may be faxed to 216-522-6960 or 877-622-5930 (toll-free) or sent by regular mail to:

    DFAS-HGA/CL
    Assistant General Counsel for Garnishment Operations
    P.O. Box 998002
    Cleveland, OH 44199-8002

    If he has retired, and gotten the entire retirement, you can take him to court if he refuses to pay your share to you before the direct payments start.

    This response does not create an attorney-client relationship and is intended for general information purposes only.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Qualified Domestic Relations Orders (QDROs): Adding an Alternate Payee to a Retirement Plan

A Qualified Domestic Relations Order (QDRO) gives a share of a retirement plan to the payee’s spouse, ex-spouse, child, or other dependent.

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