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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34941
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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After 21 years, I was divorced from a military Major. I was

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After 21 years, I was divorced from a military Major. I was awarded 50% of his military pension. My divorce decree states that a Qualified Military Order (QMO) should be issued to allocate the appropriate formulated benefit. Who can I contact in Detroit, MI. or the surrounding area to complete this much needed task? What parties,if necessary, are required to sign the QMO before sending to the Defense Finance Accounting Service (DFAS)?
Submitted: 7 years ago.
Category: Military Law
Expert:  P. Simmons replied 7 years ago.
Are you sure its not a QDRO (Qualified Domestic Relations Order)...never heard of a QMO...but I suspect its the same thing as a QDRO if the court is using that language.

A QDRO is required by the court to determine the exact percentage of a pension plan like military retirement that will be given to the former spouse. Your description is a bit odd, since typically, when a court calls for a QDRO, they do not give a percentage up front...for example, if the parties are divorcing but the service member has not yet retired, the court may demand that at the time of retirement, a QDRO be done to calculate the proper percentage for each side.

A court would not require a QDRO if it had already determined the percentage that the former spouse would receive.

Now, if the divorce decree provides you a specific percentage of the Majors pay AND the Major is retired...then all you need is a certified true copy of the divorce decree (the clerk of the court can give you this) and send it to DFAS and they will begin to pay you your percentage.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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