Is it possible to write a QDRO against the Military Retirement System?
In general terms, yes, except it is not called a QDRO. 28. Is it true that the Member and Former Spouse must have been married for 10 years during which the Member was earning points towards retirement in order for the Former Spouse to receive court ordered benefits directly from the Military Retirement System? Yes. In order for a former spouse to receive payments directly from the Defense Finance and Accounting Service (DFAS), the member and former spouse must have been married for 10 years during which the member was performing military service creditable towards his/her retirement. In other words, if the marriage did not last for 10 years which coincide with 10 years of military service on the part of the member, DFAS will not honor an order awarding benefits to the former spouse. However, just because the 10 Year Rule is not met does not mean that a former spouse does not have a claim against retired pay. According to the laws of most states, retirement benefits accumulated during
