Claim for equitable distribution


#1

When getting an absolute divorce we have both approved of an equitable distribution of all property through our lawyers and have an ED.We have determined a percentage of my military retirement pay. How do I proceed to get the judge to sign off on the percentage of my retired pay so that Defense Finance and Accounting Service can start sending her the percentage directly? The Defense Finance has simple forms without doing a complete QRDO. The Family Court said I need to file a claim of equitable distribution and there is not form for it. What type of information is needed and do I need an attorney to do it or can I create the required data for the judge? Can this information be submitted when the divorce information is filed with the clerk of court?


#2

Check with the lawyer that helped you in the equitable distribution settlement because he or she should be able to help you do what needs to be done for your military retirement pay. You may be able to do it on your own as well, although it would be best to have your attorney do it.

You’ll need to check with Defense Finance to see exactly what they need, but from what you’ve provided, it sounds like you need to file an equitable distribution claim so that you can have a court order (versus a separation agreement from a non-litigation settlement). You can file a claim (lawsuit) for equitable distribution at the same time you file for an absolute divorce.

There is no pre-printed form for equitable distribution. To file for equitable distribution, you have to draft a Complaint, which contains allegations pertaining to the elements of each claim for relief.

Take a look at a Sample Court Complaint, but note that this Complaint includes other claims for relief besides just equitable distribution and that some variances in language may need to be included in your Complaint to address your specific situation.