What are the mechanics to effectuate a distribution of a military pension?
New Jersey caselaw has consistently held that military retirements are just like other pension plans, and they are “property.” Therefore, a military pension or retirement has consistently been subject to equitable distribution in a divorce. A military retirement is a federal entitlement and it is not a qualified pension plan. Therefore, no Qualified Domestic Relations Order is required. The procedure to effectuate a division of a military pension is to simply send to the DFAS a DD Form 2293, Application for Former Spouse Payments from Retired Pay. Moreover, a certified copy of the court order or judgment of divorce that divides the retirement must accompany Form 2293.
