About the Course
Introduction
This CLE course will assist in preparing family law attorneys to identify the important issues that arise in dividing military pensions, including navigating applicable federal laws and procedures, jurisdictional issues, methods of pension division, and current DFAS requirements for pension division orders.
Description
Military retirement benefits are often the most valuable asset in a military marital estate. Division of military pensions presents challenges due to unique and complex rules that govern military retirement pay and the applicable federal laws and procedures, as well as jurisdictional issues.
For example, when a divorce is finalized before the service member begins receiving retired pay, the frozen benefit rule generally limits the divisible retired-pay calculation to the member's retired-pay base and creditable service as of the date of divorce, with applicable cost-of-living adjustments thereafter. Pension division orders reflecting the frozen benefit rule are known to be particularly complex, and the settlement and/or court order dividing the marital estate must take this into account before the pension order is completed. Rejection is a real possibility; orders that do not provide sufficient information for DFAS to calculate the award may be rejected or require a clarification order.
To properly advocate for a military client or military spouse, counsel must understand the complex rules that govern the division of military pensions in divorce, the interplay between federal and state laws, and strategies for drafting orders to ensure clients are awarded their fair share of military retired pay. Counsel must also understand the distinction between rules governing division of retired pay and the requirements for direct payment by DFAS.
Listen as our expert panel discusses the complexities and unique issues associated with military pension division in a military divorce and best practices for addressing the related issues.
Presented By
Mr. Hilscher regularly serves as an expert co-counsel on military divorce cases and military pension division, assisting attorneys nationwide in drafting military pension division orders and consulting on military divorce issues. He is the chair of the military committee of the ABA family law section, and an appointed member of the ABA Standing Committee on Legal Assistance for Military Personnel, and a fellow in the American Academy of Matrimonial Lawyers (AAML). Mr. Hilscher is a board-certified specialist in family law, certified parenting coordinator, and family financial mediator practicing with Sullivan & Hilscher Family Law in Raleigh, NC. He regularly speaks at CLE presentations on military family law, and is the author of several publications on the military family law.
Ms. Laubach has been practicing law since 1996. She also served in the military for more than three decades, on either active duty or in the reserves. Ms. Laubach's military service has taken her from serving domestically with the Army 3/9 Aviation Battalion to serving overseas in the Army 4th Aviation Regiment to being a part of the Army Judge Advocate General's Corps for over 23 years. Her depth of legal and military experience has made her a go-to lawyer in Texas, particularly in the fields of military law and military divorce.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Monday, October 26, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Rules governing division of military retired pay
A. Uniformed Services Former Spouses' Protection Act
B. Jurisdictional rules 10 USC § 1408(c)(4)
C. DFAS direct-payment requirements and the 10/10 rule
II. Methods of pension division
A. Frozen benefit rule
B. Active-duty and reserve component considerations
III. Drafting military pension division orders
A. Hypothetical clause—10 USC § 1408
B. Illustrative examples and best practices
C. DFAS requirements, common deficiencies, and clarification orders
The panel will review these and other key questions:
- What rules govern the division of military retired pay, including jurisdictional and DFAS direct payment requirements?
- What is the frozen benefit rule? When does it apply, and how does it affect active-duty and reserve component members?
- What are best practice tips for drafting military pension division orders that DFAS can administer?
Related Courses
Dividing Military Retired Pay in Divorce: Frozen Benefit Rule, DFAS Requirements, and Drafting Orders
Monday, October 26, 2026
1:00 PM ET/10:00 AM PT
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