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DrakeLAW
DrakeLAW, Lawyer
Category: Family Law
Satisfied Customers: 780
Experience:  Attorney at Drake Law Firm PLC
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Who would I contact regarding retirement benefit

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Who would I contact regarding retirement benefit information. My ex husband is retired Navy and we have a DRO in place.
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: No, I have no idea who to reach out to, divorced since 2001, rank rate command change, no idea where to start.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Are you in the US or Canada? The question is on the Canada law list.
Customer: replied 1 month ago.
Us
Customer: replied 1 month ago.
We are in the United States

I will ask the site to move this to the US law list.

Thanks

Hi my name is ***** ***** I am able to assist you with this.

You just want retirement information or you want to collect on money? It sounds like he is still enlisted?

Customer: replied 1 month ago.
I want to obtain my benefits and roll into my current 401k. He is retired.

Do you know that you qualify for his a portion of his benefits already? It would be for a portion of his Disposable Retired Pay correct?

You mention that you have a DRO already, does the DRO make reference to the military pension? (Just trying to understand where you are at and not waste time).

Customer: replied 1 month ago.
The divorce papers says there is a QDRO and he has already obtained his portion of mine.

The QDRO is only for a civil 401(k). It is a different, but simpler, procedure to divide the military pension. Does the divorce decree make any mention of splitting the military pension?

Customer: replied 1 month ago.
I believe a Pension, the monies he was entitled to was a Pension from an ex-employer of 21 years that I had not worked for in a while. The company's pension/retirement plan advised me I could acquire the money's and when I called they reminded me of the QDRO and gave the contact info for him, I gave it to him. I have packed my legal docs due to hurricane Irma the past weekend in Florida and unable to look at the paper work right now, but the funds he is entitled too was a Pension I had.

I am confused now. Are you looking to divide a military benefit so that you get it or are you trying to help him get his shared of your pension?

The QDRO won't say anything about military pension. You will need to check the Decree to confirm if it awards you a portion of the military benefit. Once you have that, then there is a process to undertake with the military and I can assist you with that.

I am glad you survived Irma.

Customer: replied 1 month ago.
I am trying to get my benefit from him. He has already received his benefit from my pension. I will get my decree and let you know, thanks.

Ok, that is what I initially understood the case to be. So yes, first need the language from your decree stating that you are awarded a portion of his Military Retirement Benefit.

Customer: replied 1 month ago.
Hello, the language in the Consent Final Judgement Of Dissolution of Marriage says....the husband shall pay to the wife a portion of the Husband's monthly Military Retirement pay and gives the calculations.

That is great. Here is where you go to complete the application then:

https://www.dfas.mil/garnishment/usfspa/apply.html

Let me know if you have any specific questions related to the application process.

Please kindly rate the response so that I may be credited. You can still ask follow-up questions.

DrakeLAW, Lawyer
Category: Family Law
Satisfied Customers: 780
Experience: Attorney at Drake Law Firm PLC
DrakeLAW and 2 other Family Law Specialists are ready to help you
Customer: replied 27 days ago.
Ok thanks