QDRO FAQS FOR THE MILITARY RETIREMENT SYSTEM 1. Is it possible to write a QDRO against the Military Retirement System? In general terms, yes, except it is not called a QDRO. 2. Is it true that the Member and Former Spouse must have been married for 10 years during which the Member was earning points towards retirement in order for the Former Spouse to receive court ordered benefits directly from the Military Retirement System? Yes. In order for a former spouse to receive payments directly from the Defense Finance and Account Service (DFAS), the member and former spouse must have been married for 10 years during which the member was performing military service creditable towards his/her retirement. In other words, if the marriage did not last for 10 years which coincide with 10 years of military service on the part of the member, DFAS will not honor an order awarding benefits to the former spouse. However, just because the 10 Year Rule is not met does not mean that a former spouse does not have a claim against retired pay. According to the laws of most states, retirement benefits accumulated during the period of marriage are deemed marital or community property. Therefore, it is possible for a former spouse to be awarded a portion of the member's retirement. However, the former spouse would have to receive his/her interest in the retirement benefits elsewhere (i.e. equity in the home, cash, payment made directly from the member, etc.). 3. Is it possible to use the number of points earned by the Member during the marriage to determine the portion of the military benefits earned during the marriage? Yes. It is common for members of the reserves to use points rather than time to determine the amount of his/her benefits which accumulated during the period of marriage. Since reservists earn a point for each day served, it is possible for someone to serve more days in one year than they do in another year. Since the number of points earned dictates the amount of the retirement benefit payable, it is not entirely accurate to assume that the same amount was earned towards retirement each year. Therefore, it is possible to write an Order which determines the marital portion by comparing the number of points earned during the marriage to the total number of points earned at retirement. 4. When can a former spouse receive benefits under the Military Retirement System? The Military Retirement System will begin distributing benefits to the Former Spouse when the Member retires and begins receiving benefits. 5. Can the former spouse receive a lump sum payment from the Military? No. Benefits are only paid on a monthly basis. 6. How long will payments be made to the former spouse from the Military Retirement System? Benefits will paid by the Military to a former spouse for the lifetime of the member. Therefore, upon the member's death, all payments to the former spouse will stop. However, if the former spouse was awarded a survivor benefit plan annuity (SBP), then upon the death of the member, the survivor annuity will become payable to the former spouse. 7. Can a member have more than one person listed as the beneficiary from the survivor benefit plan annuity (SBP)? No. Only one person can be designated as the beneficiary for the survivor benefit plan annuity. Therefore, only one person can receive the entire survivor benefit plan. It is not possible to designate a former spouse as beneficiary for part of the survivor annuity and a new spouse as beneficiary for the remainder of the survivor annuity. 8. Are there any forms which must be completed and sent to the DFAS with the Court Order? Yes. Accompanying the Order should be a completed application form entitled "Request for Former Spouse Payments from Retired Pay" (DFAS Form 2293). 9. Are there any time restrictions relative to awarding benefits to a former spouse under the Military Retirement System? There are no restrictions relative to the retirement benefit. However, there is a time restriction with respect to the survivor benefit plan annuity (SBP). In order for the former spouse to remain eligible for survivor benefit plan coverage, the member must make an affirmative election for such coverage within 1 year of the date of the decree of divorce, dissolution or annulment. If the member neglects or refuses to make such affirmative election it is possible to protect the former spouse entitlement to the SBP coverage by having the former spouse make a "deemed election" for such coverage within the 1 year time limit. Accordingly, the member shall be deemed to have made the necessary elections thereby preserving the former spouse entitlement to the SBP coverage. Return to Request Forms

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