Legal Question in Family Law in Maryland

I'm retired military. My ex-spouse was awarded a percentage of my retirement. I did not contest the award. She delayed filing with DFAS for over two years. DFAS doesn't award retroactive pay. She is now suing me for the amount she didn't receive due to her delay. What are the grounds for her complaint?


Asked on 4/29/14, 9:59 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Presumably her grounds will be that the order awarding her a share of your retirement remains in effect. At the time of the divorce, a Qualified Domestic Relations Order (QDRO) should have been prepared in conformity with the military retirement system requirements, signed by the judge and filed with the military retirement administrators. Then the payments would have flowed automatically upon your retirement. Typically the responsibility for preparing the QDRO is that of the recipient spouse. You should consult with your attorney to see if there is merit in making a laches argument in defense of her claim. This is a legal theory that says essentially if you don't assert your rights in a reasonable period of time you lose them.

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Answered on 4/29/14, 11:54 am


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