Common Mistakes

By Edwin C. Schilling III, Esq.

Published: July 17, 2004

What are the most common mistakes divorce lawyers make in handling divorce involving the division of military retired pay?

1. Not studying the act and the regulation.

2. Not understanding the special jurisdictional requirements of the Act in Section 1408(c)(4).

3. Not understanding the rules on reopening divorces before June 21, 1981 .

4. Not understanding the "10 year" rule found in Section 1408(d)(2).

5. Not understanding the special protections of the Soldiers' and Sailors' Civil Relief Act.

6. Preparing a Qualified Domestic Relations Order to effect the division of military retired pay.

7. Not following the regulation when sending the application to the finance center is complete.

8. Not ensuring that the order is clear as to the portion of the retirement that the former spouse is to receive.

9. Not considering the rules about the effect of the death of the miltiary member on the payments to the former spouse.