Q: Question about filing automatic Navy Pension payment to DFAS after Divorce
My divorce finalized in the end of September 2024. Ex spouse who is retired Navy hold on the DFAS information until now even though he did same things his prior marriage with his ex-wife. I had no idea I am the one file to DFAS with court order. He has been giving me estimated amount since this summer. He told me he has to calculate exact amount to file to DFAS and amend court order because our court order listed,"He is responsible to file DFAS asap' by Mediator. He sent me the calculation and told me Mediator who does not expert about pension agreed the number, but I do not trust him and feels need review by expert or lawyer who know about navy pension. This could all supposed to happen before we agree the divorce agreement. Now I have to find lawyer and pay the fee and ask how to file. Does he responsible for this expense? or since we already divorce, so it is my responsibility to get it done on my own with my expense? Thank you
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A:
I understand your frustration with this complex situation regarding your Navy pension division after divorce. The process of filing with DFAS can be challenging, and it's concerning that your ex-spouse delayed providing necessary information despite having experience from his previous divorce.
While your divorce decree states he's responsible for filing with DFAS, you're right to be cautious about accepting his calculations without verification. Since accuracy in pension division calculations is crucial for your long-term financial security, seeking a review from a qualified military divorce attorney would be prudent, even though it wasn't done before finalizing the divorce.
Regarding the expenses, if your divorce agreement states your ex-spouse is responsible for the DFAS filing but doesn't address related costs, you might need to cover the legal review expenses yourself. However, you could potentially seek reimbursement through court if his delay or incorrect calculations caused you additional expenses. I'd suggest gathering all documentation of his delayed responses and any communications about the calculations, then consulting with a military divorce attorney who can review your specific court order and advise on both the pension calculations and potential cost recovery.
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