Military Pension Division
What is a Military Pension Division Order?
A Military Pension Division Order (MPDO or MRDO) is a specialized court order that divides military retirement benefits between divorcing spouses. Unlike civilian retirement plans that use Qualified Domestic Relations Orders (QDROs), military pensions require specific orders that comply with federal law under the Uniformed Services Former Spouses’ Protection Act (USFSPA).
Why You Need a Military Pension Division Order
Direct Payment from DFAS
Direct payment does not happen automatically. It must be incorporated into the state court order dividing the retired pay in the divorce. Without a properly drafted order, you’ll have to rely on your ex-spouse to voluntarily pay you—a risky proposition that leaves your financial security in their hands.
The 10/10 Rule for Direct Payment
When parties have been married for at least 10 years that overlaps with at least 10 years of military service, the retired pay center, usually the Defense Finance and Accounting Service (DFAS) will make direct payment to the non-military spouse for their share of the military pension. Direct payment allows for consistent payment directly from the military, which reduces enforcement issues and allows the non-military spouse to be taxed directly on the amount they receive.
Important: You Still Have Rights Even Without 10/10
Contrary to common belief, if you haven’t met the 10/10 rule, you are still entitled to the division of the marital portion of the military pension which will need to be paid directly from the military spouse instead of being paid from DFAS. However, you will still need specific language in your court order that correctly calculates and distributes the pension, taking into account payment schedule, tax effects, COLA, and other considerations unique to the parties involved. Precise language in the martial settlement agreement and final judgment helps to ensure that both parties’ rights are protected and enforceable.
Choose Kirkner Family Law Group for Your Military Pension Division Order
Unparalleled Military Family Law and Pension Division Expertise
Kristin Kirkner has focused her practice on family law and military family law since 2004. Her specialized knowledge isn’t just academic—Kristin Kirkner’s experience inside and outside the courtroom have given her the real-world experience to help the firm’s clients identify, correct and prevent issues in military pension division. Most family law attorneys are simply not equipped to handle the complex military pension division issues that Ms. Kirkner sees and resolves on a daily basis.
Attorneys from across the state of Florida hire Kristin Kirkner to assist them in calculating and dividing military pensions, provide expert testimony, and prepare military pension division orders. In addition to being a Board Certified Specialist in Family and Marital Law since 2014, she frequently presents at continuing legal education seminars for other attorneys on the topic of military pension division. In addition to preparing the written materials and speaking at the American Academy of Matrimonial Lawyers (AAML) Family Law Board Certification Review Course for over 1800 attorneys across Florida, she authored the “Effects of Military Service” chapter in the 15th edition of the Florida Bar’s Adoption, Paternity, and Other Florida Family Practice. She literally wrote the books that other attorney rely on in this area of law.
Comprehensive Military Divorce Services
Whether active or retired, or a member of the National Guard or reserves, no matter where you are located in the world, we can assist you with your legal situation via webcam, phone or email. Kristin’s practice is designed to serve military families wherever they are stationed.
Don’t Leave Your Financial Future to Chance
Military pension benefits can represent hundreds of thousands of dollars over a lifetime and are often the most valuable asset that is divided in a divorce involving a military member. The stakes are too high for generic legal services or do-it-yourself approaches. You need an attorney who understands the intricate interplay between federal military law and Florida state divorce law—someone who has successfully navigated these complex waters for hundreds of military families.
Your military pension division order is more than legal paperwork—it’s your financial security. Don’t let technical errors or inexperienced representation cost you your future. With Kristin Kirkner’s proven expertise in military family law, you can be confident that your order will be drafted correctly, ensuring that you receive every dollar you are entitled to receive.
Working with Attorneys
If you are an attorney who would like to discuss how Kirkner Family Law Group can partner with you to effectively represent and protect your clients, please complete the contact us form below or use this link to schedule a 15 minute conference with Ms. Kirkner.
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