What type of division order is required for Military Plans?
Just like Federal Plans, military retired pay is exempt from ERISA and the related laws governing private retirement plans. Thus, the Defense Finance and Accounting Service (DFAS) will require a unique division order to divide retired pay and award survivor benefits to former spouses of Active Duty, Reserve or National Guard members. The military has a number of requirements that must be met before the DFAS will pay an ex-spouse directly, such as the “10 year rule”, where the parties must have been married for at least 10 years which overlaps with 10 years of military service in order for the non-member spouse to be paid directly from the DFAS.
