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  1. #1
    Join Date
    Sep 2016

    Default Can You Modify the Division of Military Retirement Benefits After Divorce

    After a divorce case is complete to judgment, is it possible for a servicemember to go back to court and seek modification of the division of military retirement benefits as set forth in the court's order and QDRO? Is it possible to prevent the ex-spouse from getting increases in the amount they receive based upon their percentage share, and instead get a fixed amount based upon the benefit amount at the time the divorce was entered?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can You Modify the Divsion of Military Retirement Benefits After Divorce

    If this was a settlement, it's a done deal. You don't get to go back and amend a settlement merely because you decide that you gave too much to your ex-.

    If this was a judgment, then odds are it's a done deal. The servicemember would have a limited amount of time to seek reconsideration of the judgment or to file an appeal. If no such request for relief was pursued before the deadlines passed, it's now a final judgment.

    The ex-spouse's percentage share of the retirement benefit (the coverture fraction) is almost certainly defined by state law. If the court granted division of the pension in accord with state law, then the court's decision will stand. If the court ordered more than the law requires without an adequate explanation of the award, or made an error in the calculation of the benefit, then those issues would be potential avenues for reconsideration of appeal. But if no timely challenge was made, the issues were waived and the order is final.

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