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I get part of my ex-husband's military retirement from a divorce. is this a qualified or non-qualified plan?

I'm trying to answer the question on whether my this plan is qualified or non-qualified and I don't know.  It is a military retirement, but I am not the one who retired.
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5 Replies

I get part of my ex-husband's military retirement from a divorce. is this a qualified or non-qualified plan?

I believe it's non qualified.  I'll ask @dmertz 

I get part of my ex-husband's military retirement from a divorce. is this a qualified or non-qualified plan?

When asked choose qualified.

TomD8
Level 15

I get part of my ex-husband's military retirement from a divorce. is this a qualified or non-qualified plan?

From a Google search:

 

"The government pays your military retirement pay to you as a pension. As a pension, it is a defined benefit plan classified as a qualified deferred compensation plan. If you receive payments in retirement from a thrift savings plan you paid into, this is a defined contribution plan, which also falls under the classification of a qualified deferred compensation plan."

https://finance.zacks.com/military-retirement-nonqualified-deferred-compensation-plan-11016.html

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
DaveF1006
Expert Alumni

I get part of my ex-husband's military retirement from a divorce. is this a qualified or non-qualified plan?

In this context, a military retirement plan is considered a non-qualified plan.  Please read this link for further confirmation.

 

@joanneraye8 

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Carl
Level 15

I get part of my ex-husband's military retirement from a divorce. is this a qualified or non-qualified plan?

Military retirement pay is a non-qualified plan. On the desktop version of TTX, it states that in one of the examples provided on that screen.

 

 

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