We recommend that the parties do NOT enter the final judgment of divorce until the military pension has been divided with a domestic relations order and all issues regarding survivor benefits (the survivor benefit plan) have been resolved. This applies whether the member is active, reserve, or retired. There are many issues involved with the division of military benefits and the survivor benefit plan. If these issues are not fully addressed before divorce, draconian effects can occur to the nonmember spouse’s interest in the military benefits. The parties or their family law attorneys should retain an experienced attorney who specializes in the division of pension benefits in divorce to ensure the matter is handled correctly.
Louise Nixon has specialized in determining the community or marital interest in pension benefits earned through employment and in consulting and/or drafting appropriate orders for the division and disposition of those interests. While QDRO Counsel Inc. welcomes visitors to its offices, almost all QDRO services may be provided via phone, fax, email and mail. Louise can be reached at 888-760-7376.