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.