QDRO Webinar- Dividing Military Retired Pay After the 2017 NDAA Amendments: Is Van Loan Dead?

On November 9, 2017 attorney Erwin Kratz presented a webinar detailing the various challenges in dividing military retired pay after the 2017 NDAA Amendments, especially in relation to the commonly used Van Loan formula.

The 2017 National Defense Authorization Act changed the definition of “disposable retired pay” in 10 U.S.C. 1408(a)(4) in a way that requires use of monthly retired pay as of the date of divorce, rather than as of retirement, for purposes of dividing military retired pay.

This webinar covered:

  • Why (and how) the NDAA modifies, but does not completely kill, the Van Loan formula when dividing military retired pay
  • Issues particular to the following situations:
    • Pre-retirement v. post-retirement divorce
    • Pre-marital service v. no pre-marital service
    • The Former Spouse will get less than 50% of the total disposable retired pay
    • The Member entered service before v. after 9/1/1980
    • Reserve v. Active duty retirement
    • Promotions made within 3 years of the date of service in the divorce

A recording of the webinar is embedded below.

Understand Retirement Plan Differences When Dividing Retirement Benefits

Arizona’s QDRO Practice recently published an article titled  Understand Retirement Plan Differences When Dividing Retirement Benefits  in the Arizona Bar’s Summer 2017 issue of Family Law News.

The article explains how it is critical to understand the features of each retirement benefit, to can get your fair share of this important community asset. The first step is to correctly identify the type of retirement plans involved. The article details issues to consider when dividing benefits in the three broad types of retirement plans-

  • Defined Contribution Plans (Both private and governmental)
  • Private Defined Benefit Plans
  • Government Defined Benefits Plans

Click Here to read the article.