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Dividing Pensions in Military Divorce: Navigating the Frozen Benefits Rule, Drafting Pension Division Orders

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, September 18, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will assist in preparing family law attorneys to identify the important issues that arise in dividing military pensions, including navigating applicable federal laws and procedures, jurisdictional issues, and methods of pension division.

Description

Military retirement benefits are often the most valuable asset in a military marital estate. Division of military pensions presents challenges due to unique and complex rules that govern military retirement pay and the applicable federal laws and procedures, as well as jurisdictional issues.

For example, a former spouse’s share of a military retirement is frozen as of the date of the dissolution of marriage under the frozen benefit rule. Pension division orders reflecting the frozen benefit rule are known to be particularly complex, and the settlement and/or court order dividing the marital estate must take this into account before the pension order is completed. Rejection is a real possibility; some lawyers estimate that over 90 percent of the orders received are rejected for some reason or an ambiguity.

To properly advocate for a military client or military spouse, counsel must understand the complex rules that govern the division of military pensions in divorce, the interplay between federal and state laws, and strategies for drafting orders to ensure clients are awarded their fair share of military retired pay.

Listen as our expert panel discusses the complexities and unique issues associated with military pension division in a military divorce and best practices for addressing the related issues.

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Outline

  1. Rules governing division of military retired pay
    1. Uniformed Services Former Spouses' Protection Act
    2. Jurisdictional rules 10 USC § 1408(c)(4)
    3. Frozen benefit division rule under National Defense Authorization Act for Fiscal Year 2017
  2. Methods of pension division
  3. Drafting military pension division orders
    1. Hypothetical clause--10 USC § 1408
    2. Illustrative examples and best practices

Benefits

The panel will review these and other key questions:

  • What rules govern the division of military retired pay?
  • What is the frozen benefits rule? When does it apply?
  • What are some best practice tips for drafting military pension division orders?

Faculty

Hilscher, Kristopher
Kristopher J. Hilscher
Attorney
Sullivan & Hilscher Family Law

Mr. Hilscher regularly serves as an expert co-counsel on military divorce cases and military pension division,...  |  Read More

Dawn M. Laubach
Dawn M. Laubach
Founder
Laubach Law Office

Ms. Laubach practice focuses on family law, probate, estate planning and military law matters. She previously...  |  Read More

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