Dividing Military Retirement with Frozen Rule and Alimony

North Carolina Divorce Law Divorce and Separation Answers
#1

Hello Can you please answer a question regarding the Frozen rule.

An active duty military member retiring next year–who was divorced in 2006 who has an equitable distribution order stating he must pay retirement for former spouse married for 114 months. Fast forward how does that change his order? Also since retiring would that be a case to petition to terminate alimony since that will be a change in circumstances–less money will be coming in? Does the new rule apply to a divorce in 2oo6 but retiring in 2022

#2

The military member’s retirement will not change or effect his equitable distribution settlement in regards to dividing his pension or other retirement benefits per the terms of his equitable distribution settlement or order.

If his alimony terms do not have an end date, then retirement could be enough to have the alimony amount modified. If the alimony terms are in a court order, then he would need to file a motion to modify alimony.

The military frozen benefits rule is for all divorces after 12/23/2016.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

#3

Thank you for responding.

Does the division of military benefits go on last rank when retired? Or do they use the formula in the agreement? Not sure the formula is going to be what DFAS will use. Do we need to assist the former spouse or does she need to go through the process on her own? Kind of confusing…perhaps the military will help on this one.

Thanks again Anna

#4

Usually the former spouse will be the one to handle this process. I do not know if the military will base the benefits on last rank or if they will accept the language/formula in the equitable distribution settlement/order.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.