How is the division of military retirement benefits determined in a divorce?

In the state of West Virginia, the division of military retirement benefits is determined in a divorce by a Qualified Domestic Relations Order (QDRO). This document is used to designate a third party to receive a portion of the military member’s pension. The QDRO is ordered by the court and must be approved by the Defense Finance and Accounting Service (DFAS). It must also be in accordance with federal law. In West Virginia, the court considers the length of the marriage, the contributions of each spouse to the retirement benefits, and each spouse’s current financial situation when court-ordering a QDRO. The court may also consider the contributions of each spouse to the marriage and define how those contributions affected the other spouse’s ability to accrue retirement benefits. When the QDRO is approved, the beneficiary has no legal right to the funds until the military member retires. However, the court may order the military member to set aside a percentage of their current paycheck into a separate account for the beneficiary or divide the retirement benefits at the time of divorce. Finally, military retirement benefits are exempt from state taxation in West Virginia; therefore, the military member is not responsible for paying taxes on the money divided through a QDRO. In addition, the beneficiary does not pay taxes when the funds are received.

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How is the division of military retirement benefits determined in a divorce?

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