QDRO Corner: Military Orders – When You Need Additional Information

Representing military service members can come with a lot of extra considerations, only one of which is the division of any disposable retired pay. Depending on the service member’s service record, date of entry, and duty status, you might want to include additional information in your Agreement to make sure all information is obtained before signing.

Specifically, for a service member who is not yet retired nor receiving disposable retired pay, the Order must include the service member’s high-3 and years of creditable service (or creditable reserve points). It’s best to obtain this information while still negotiating the agreement, or in your discovery requests if in litigation.

To determine the service member’s high-3, you’ll need to know the pay grade for the highest 36 consecutive months during the marriage and date of entry.

To determine the amount of creditable reserve points earned, the service member can download a statement reflecting not only the amount of points earned each year, but the specific dates on which the service member performed the drills to earn those points. This detailed statement is especially helpful if the service member earned points prior to the marriage that should not be included in the division to determine the former spouse’s share.

If in litigation, you should request this information in your discovery requests, and if negotiating, you should request it in informal discovery.

In contrast, if the service member is already in pay status, then you don’t need to obtain the information listed above.

Have additional questions about military orders as it relates to a QDRO? Contact our office at 240-396-4373.