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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 872
Experience:  9+ years of experience in divorce, custody battles and mediation.
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I was trying to put "Complete Case" divorce together; but, I

Customer Question

I was trying to put "Complete Case" divorce together; but, I have a question about my military pension. How do I write this in the paper work to where my spouse receives 50% of what she is entitled to?
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.

You will need to complete something called a QRDO and reference it in your divorce pleading. You could say something like, "Spouse is entitled to 50% of (name of pension) as stated in the Qualified Domestic Relations Order signed at the same time as this Order." QDROs are used to tell your military pension administrator how to handle this portion of your property settlement. You will need to contact the administrator of your pension to ask for their form. Every pension or retirement fund has their preferred form, so get it directly from them. If you use the wrong form or a DIY QDRO you find on the internet, it may be rejected by the pension office down the line. You will present the QDRO to the Judge for their signature at the same time you ask the Judge to grant your divorce.