Understanding Military Retirement Benefits

Military retirement is a significant aspect of a service member's compensation package, and understanding how these benefits are divided during divorce is crucial for both service members and their spouses. Military retirement benefits require special handling different from civilian QDROs. These orders are called Military Retired Pay Divisions Orders (MRPDO) or Military Qualifying Court Orders. The Defense Finance and Accounting Service (DFAS) has specific requirements for these orders. 

Key Concepts

1.  Military Retirement Systems: Military retirement benefits can differ based on when the service member joined the military. 

2. The 10/10 Rule: To qualify for a division of military retirement benefits, the marriage must have lasted at least 10 years, and the service member must have served for at least 10 years during the marriage. This rule only affects direct payments from DFAS, not the right to divide military retirement. However, even if this rule is not met, it is still possible to negotiate a settlement regarding military retirement and receive their share directly from the military member.

3. Military Pensions as Marital Property: In many states, military retirement pay is considered marital property, which means it may be subject to division during divorce. This can include both the monthly retirement pay and any benefits associated with it.

4. Court Orders: A court order, known as a "Military Retired Pay Division Order," is required to divide military retirement pay. Our firm will ensure that all legal documents are accurately prepared and filed. 

Contact Thilges Bernhardt & Isaacs, Attorneys at Law, LLC

If you are in need of a MRPDO or any need to complete any other type of Military Retirement Division or have any further questions, our experienced team is here to help you through every step of the process, please contact us at 913-491-4400 or fill out our online form. We serve clients in Johnson County, Kansas, Jackson County, Missouri, the Kansas City metropolitan area, and surrounding parts of Kansas and Missouri.