Military Retirement Division
Specialized guidance for military pensions, Survivor Benefit Plan elections, and DFAS-compliant division orders.
Military retirement is governed by a specialized federal framework—not the rules that apply to an ordinary QDRO. Careful analysis is essential to determine what can be divided, how the former spouse’s share should be calculated, and how disability benefits or survivor coverage may affect the result.
Retired U.S. Air Force Judge Advocate | Illinois-Licensed Attorney
Why Military Retirement Division Requires Specialized Analysis
Military pension division is not a standard QDRO. It is governed by the Uniformed Services Former Spouses’ Protection Act and administered through the Defense Finance and Accounting Service. The settlement language and court order must account for federal requirements as well as the law governing the divorce.
Depending on the circumstances, the analysis may need to address:
• The frozen benefit rule and the member’s rank, years of service, and pay base at the applicable date
• The 10/10 rule for direct payment through DFAS
• The effect of VA disability compensation, Concurrent Retirement and Disability Pay (CRDP), or Combat-Related Special Compensation (CRSC)
• Survivor Benefit Plan coverage, premium allocation, and former-spouse election deadlines
• Precise order language that satisfies DFAS requirements
These issues should be evaluated before the parties finalize their settlement—not after an order has been rejected or an expected benefit has changed.
Military Retirement Division Services
Rendi Clegg Law provides focused analysis, drafting, and consultation for matters involving military retired pay and survivor benefits.
Services may include:
• Analysis of the divisible marital share under the frozen benefit rule
• Drafting and review of DFAS-compliant Military Pension Division Orders
• Review of proposed settlement terms before an agreement is signed
• Analysis of the 10/10 rule and eligibility for direct payment through DFAS
• Evaluation of Survivor Benefit Plan options, costs, and election requirements
• Analysis of VA disability waivers, CRDP, and CRSC and their potential effect on payments
• Neutral written evaluations for use in mediation or settlement discussions
• Consultation with family-law attorneys handling military retirement issues
Engagements are individually scoped, with flat-fee pricing available whenever appropriate.
Who I Assist
Service Members and Former Spouses
Understand how military retirement, disability-related benefits, and survivor coverage may affect a proposed divorce settlement before signing an agreement.
Family-Law Attorneys
Obtain focused assistance with military pension calculations, settlement language, federal requirements, and the preparation or review of a Military Pension Division Order.
Mediators
Receive a neutral analysis of military retirement issues to help the parties negotiate from a shared understanding of the applicable rules and available options.
The scope and role of the engagement are established at the outset. When assistance relates to a matter outside Illinois, services may be provided in consultation or coordination with locally licensed counsel as appropriate.
Experience Grounded in Military and Legal Service
Rendi Alexander is an Illinois-licensed attorney and retired U.S. Air Force Judge Advocate. She brings a military legal background, advanced legal training, and a detail-oriented approach to matters involving military retired pay and survivor benefits.
Her credentials include:
• Retired U.S. Air Force Major and Judge Advocate
• Licensed to practice law in Illinois since 2019
• Juris Doctor, cum laude, from Georgia State University College of Law
• LL.M. in Government Procurement Law, with highest honors, from The George Washington University Law School
Rendi Clegg Law focuses on clear explanations, carefully defined engagements, and practical legal work designed to help clients make informed decisions before settlement terms become final.
Frequently Asked Questions About Military Retirement Division
What is the military pension frozen benefit rule?
The frozen benefit rule generally calculates the former spouse’s share using the service member’s rank and years of service as of the applicable divorce date, rather than allowing the former spouse to share in promotions or additional service earned afterward. Its application depends on the timing and circumstances of the divorce, so the settlement and order should be evaluated individually. For a more detailed explanation, read How the Military Pension Frozen Benefit Rule Works.
Does the 10/10 rule determine whether a military pension can be divided?
No. The 10/10 rule concerns eligibility for direct payment from DFAS. It generally requires at least 10 years of marriage overlapping at least 10 years of creditable military service. A court may still divide military retired pay when the 10/10 requirement is not met, but another payment arrangement may be necessary.
Is a Military Pension Division Order the same as a QDRO?
No. A QDRO is generally used for certain private-sector retirement plans governed by ERISA. Military retired pay is governed by federal military law and administered through DFAS. An order dividing military retired pay must satisfy the requirements applicable to military retirement rather than relying on standard QDRO language.
What is the Survivor Benefit Plan, and why does it matter in divorce?
Military retired pay generally ends when the service member dies. The Survivor Benefit Plan can provide a continuing annuity to an eligible beneficiary, including a former spouse when the required election is properly made. Former-spouse coverage, premium responsibility, benefit level, and election deadlines should be addressed expressly in the settlement and court order.
Can VA disability benefits affect a former spouse’s retirement payments?
They can. When a retiree waives a portion of military retired pay to receive certain disability benefits, the amount of divisible retired pay may change. CRDP and CRSC can produce different results, so the practical effect should be considered before settlement terms are finalized.
Can Rendi Clegg Law assist with a military divorce outside Illinois?
Rendi Alexander is licensed in Illinois. Because military retirement is governed in part by federal law, focused analysis and consulting may sometimes support matters in other states in coordination with locally licensed counsel. The permissible scope of each engagement is evaluated individually.
Official Military Retirement Resources
The following federal resources provide additional information about military retired pay, former-spouse payments, survivor elections, and disability-related benefits:
• 10 U.S.C. § 1408 — Payment of Retired Pay in Compliance with Court Orders
• DFAS Uniformed Services Former Spouses’ Protection Act FAQs
• DFAS Forms for Former-Spouse Payments and Survivor Benefit Elections
Get Clarity Before the Agreement Is Final
Military retirement provisions can have long-term financial consequences. Whether you are a service member, former spouse, attorney, or mediator, a focused review can identify issues that should be addressed before the settlement is signed or the final order is entered.
Schedule a scoping call to discuss the matter, define the assistance needed, and receive a clear proposal for the engagement.
This page provides general information and is not legal advice. Viewing this website or contacting the firm does not create an attorney-client relationship. Representation begins only after conflicts are cleared and a written engagement agreement is signed. Rendi Alexander is licensed to practice law in Illinois. The appropriate scope of any consultation or work involving another jurisdiction must be determined individually.