Military

Throughout the life of your career, you build up a retirement and savings so that you can be provided for when you retire. When life’s events present challenges and threaten your retirement, savings, or your pension, you need strong legal guidance.

For a lot of matrimonial lawyers, QDRO agreements are complicated enough without adding in extra complexities, which is why if you are faced with military pension and retirement plans to negotiate during divorce proceedings it makes sense to hire a professional QDRO lawyer on the side to assist. Military laws influence the way that a QDRO can be applied, and while the division of assets is similar to a QDRO, the division of military benefits is in a class of its own. The following are just a few of the many complexities that Northstar QDRO lawyers are well-versed in and can navigate on behalf of your clients.

Not all matrimonial lawyers are skilled at preparing a QDRO, which is where Northstar QDRO is able to step up to the plate as joint or separately retained counsel. Knowledgeable law firms that know their clients need a QDRO often hire us to prepare the paperwork to protect themselves against malpractice down the line, while clients themselves sometimes hire us decades after a divorce occurs to help draft a new QDRO that protects them when their benefit comes up.

Either way, the experienced lawyers at NorthStar QDRO are trained and ready to help. We offer unparalleled quality and efficiency in all of our client interactions along with guaranteed results. The QDRO’s we prepare are in full accordance with NY State law and protect the rights of the spouse who was the silent partner throughout the marriage.

Initial Inquiry Challenges

From the start, one of the additional challenges of navigating military assets is the fact that usually, the military will only provide information to the current or former member. Therefore, when a divorce case is highly contested and the military serviceman or woman is not willing to help access the information they may have to be compelled by the court. Northstar QDRO has experience navigating the system and can help obtain all necessary records.

The 10/10 Rule

Unlike traditional QDRO agreements, in order for an ex-spouse to be eligible to split retirement benefits, they must have been married to the spouse for a period of at least ten years while the spouse was considered active duty. If the spouse was not married for a ten-year term during duty they can seek a spousal support award but cannot directly apply for a court order to split the retirement pay earned by their spouse.

Absence of Pre-Retirement
Benefits

The military also limits the percentage of accrued pension benefits that a former spouse can have allocated to them. Unlike a QDRO which allows up to 100% of accrued pension benefits to be obtained by a former spouse, the military only allows up to 50% of the pension to be reallocated with special exceptions in the case of child support and/or alimony “garnishment.”

These are just a few of the special ways that military pensions and retirement plans need to be approved in the event of a divorce. There is no reason to feel out of your scope and worry about malpractice down the line, Northstar QDRO can step in and draft the proper agreements to protect your client and protect their earned assets.

More Practice Areas

Military

Throughout the life of your career, you build up a retirement and savings so that you can be provided for when you retire. When life’s events present challenges and threaten your retirement, savings, or your pension, you need strong legal guidance. Learn More

401(k)

401(k) plans are the most common employer retirement plan among American workers. According to the Investment Company Institute, assets in 401(k) retirement plans surpassed $4.4 trillion. Learn More

Local State Pension

Walking clients through a divorce often requires a lot of handholding, but sometimes it requires intricate knowledge of the law. Learn More

Federal

Divorce is a complicated process, which is why matrimonial lawyers exist, but divorce that includes federal benefits gets even trickier, which is why QDRO lawyers exist. Learn More

Erisa Plan

ERISA, or the Employee Retirement Income Security Act of 1974, is the backbone of divorce law when it comes to the division of retirement and pension plans. Learn More

Reach out if you need us!

    Practice Areas

    Military
    Federal
    State Local Pension
    Erisa Plan
    401(k)

    Head Office

    2141 Richmond Road 10306
    Email: info@northstarQDRO.com
    Phone: 718-303-0753
    Fax: 718-303-0753
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