rjs
Level 15
Level 15

Deductions & credits


@Opus 17 wrote:
I don't see anything in the law or those FAQs that makes implementing the QDRO discretionary on the part of the plan administrator.

It's my impression that the "10/10 Rule" in the Uniformed Services Former Spouses' Protection Act (USFSPA) relieves DFAS of having to honor the QDRO.


https://www.dfas.mil/Garnishment/usfspa/legal/


"In addition, for orders dividing retired pay as property to be enforced under the USFSPA, a member and former spouse must have been married to each other for 10 years or more during which the member performed at least 10 years of military service creditable towards retirement eligibility (the 10/10 rule)."


The OP said yesterday that they were not married for 10 years.

 

He really needs to get the lawyers, working with an EA or a tax lawyer, to straighten this out.