Does TOVA prepare the order if the member has not retired yet?

No. TOVA prepares the Military Retired Pay Division Order only when the member is already retired and receiving retired pay.

Does a QDRO divide military retired pay?

No. A QDRO is an ERISA-based order for private-sector retirement plans. Military retired pay is divided under USFSPA through a Military Retired Pay Division Order that DFAS can process. The order language and submission rules are different from a QDRO.

What is the 10/10 rule?

The 10/10 rule is a USFSPA threshold for direct payment from DFAS to the former spouse. It requires at least 10 years of marriage overlapping at least 10 years of creditable military service. If the threshold is met and the order meets DFAS's other requirements, DFAS can pay the former spouse's share directly. If not, the retiree receives the full retired pay and is obligated under the court order to pay the former spouse separately. The 10/10 rule is about payment, not whether the division is allowed.

What is the Survivor Benefit Plan?

The Survivor Benefit Plan (SBP) continues a portion of military retired pay to a named beneficiary after the retiree's death. In divorce, the former spouse can be named as the SBP beneficiary, which requires an election or a former spouse's request within a short deadline. Missing it can forfeit the option, so confirm the deadline that applies with counsel and DFAS. The settlement and the order should address the election and who pays its cost.

Military Retired Pay Division Order

Military Retirement in Divorce

TOVA prepares the Military Retired Pay Division Order, the order DFAS needs to pay a former spouse a share of military retired pay. We take this work when the member is already retired. Counsel handles the rest of the divorce.

Military retired pay has its own statute (USFSPA), its own paying agency (DFAS) and its own rules. TOVA's lane is one thing: the Military Retired Pay Division Order for a member who is already retired and receiving retired pay. The rest of the case belongs with counsel.

Who we prepare this order for

We prepare the Military Retired Pay Division Order when the member is already retired and receiving military retired pay. If the member has not retired yet, we do not take the order.

It is not a QDRO. A QDRO is for private-sector plans under ERISA. Military retired pay is divided under USFSPA (the Uniformed Services Former Spouses' Protection Act), and DFAS (the Defense Finance and Accounting Service) pays the former spouse from an order it accepts. For a member who is already retired, DFAS can honor an award stated as a fixed dollar amount or as a percentage of disposable retired pay.

What TOVA does not handle

The underlying divorce, custody, child support, or property division.
VA disability claims or appeals.
SCRA (Servicemembers Civil Relief Act) protections.
Any other part of the case that is not the retirement order itself.

The attorney of record handles the litigation and case strategy. Counsel runs the case and TOVA prepares the retirement order to match the terms counsel sets.

The 10/10 rule for direct DFAS payment

For DFAS to pay a property-division share to the former spouse directly, the case needs at least 10 years of marriage overlapping at least 10 years of creditable military service. That is one requirement. DFAS also needs an order that meets its other requirements.

When it does not, the court can still award a share, but DFAS is not the payer. The retiree receives the full retired pay and has to pay the former spouse under the court order.

Survivor Benefit Plan

The Survivor Benefit Plan (SBP) continues part of the retired pay to a named beneficiary after the retiree dies. Without it, the former spouse's share ends at the retiree's death. The former spouse can be named, but the deadlines are short and missing one can forfeit the option. The member's election and a former spouse's request each have their own one-year deadline, so confirm the deadline that applies with counsel and DFAS. The settlement should say whether SBP is included and who pays its cost.

VA disability and the divisible amount

VA disability pay is not divisible. When a retiree waives part of taxable retired pay to receive VA disability, the divisible retired pay can go down, and the former spouse's payment with it. How the settlement handles that risk is counsel's call. We prepare the order to match.

The Thrift Savings Plan is a separate asset

Military retired pay and the Thrift Savings Plan (TSP) are two different assets, divided by two different orders through two different agencies. The TSP is divided by its own Retirement Benefits Court Order (RBCO), processed by the Federal Retirement Thrift Investment Board. If a TSP balance exists, the case may need both orders, so ask early.

What we need to start

Two documents: the member's DD 214 and the most recent Retiree Account Statement. Once we have them, we send you the fee.

For related context, see the order type guide, the FERS and CSRS guide for federal civilian retirement, and the pricing page.

Questions divorcing clients ask

Will DFAS pay my share of the military pension directly to me?

Only if your case meets the 10/10 rule: at least 10 years of marriage overlapping at least 10 years of service. When you meet it and the order meets DFAS's other requirements, DFAS can pay your court-ordered share directly. When you do not, you can still get a share, but the payments come from your ex. Either way, DFAS needs a correct, accepted order spelling out the share. That is the order TOVA prepares.

Does my ex's VA disability reduce what I get from the military pension?

It can. When a retiree waives part of taxable retired pay to receive VA disability pay, the share a court can divide gets smaller, which can shrink your payment. VA disability pay itself generally cannot be divided. Talk to your attorney about how to handle this risk, and TOVA can prepare the order to match.

General information, not legal advice for your situation.

Military retirement order in your case?

Send the member's DD 214 and the most recent Retiree Account Statement. Once we have them, we send the fee.

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Or email sedelman@tovaretirement.com · Call (516) 200-1074

By Denisa Tova-Liebman, MBA, CFP, CDFA, CQS