Q: How to stop military retirement pay after ex-spouse's death if daughter withholds death certificate?
I have been providing a portion of my military retirement pay to my ex-spouse as part of a QDRO. However, my ex-spouse has recently passed away, and I am unable to stop the payments to Defense Finance Service because my daughter, who has the death certificate, refuses to provide it to me. I've contacted the funeral home, but they directed me back to my daughter. I have text message communications confirming her refusal. What are my options to legally obtain the death certificate and prevent any potential misuse of funds that continue to be dispensed?
A:
You can request a copy of the death certificate directly from Nebraska Vital Statistics. They may be able to provide if you can show a legitimate need. Contact Nebraska Vital Statistics at 402-471-2871. If your QDRO states that benefits end upon death of the spouse, then a certified copy of your QDRO may be enough for Vital Statistics to agree that you have a legitimate need for a copy of the death certificate to provide to DFAS. You can get a certified copy of your QDRO from the Clerk of the District Court where the QDRO was entered for a minimal fee.
If Vital Statistics is not able to assist, then you can see if there is a probate case filed and request a copy of those documents from the Clerk to show the date of death. You may also file a request within your divorce case for the records to be released to you or for an acknowledgement by the Court that your spouse is deceased and the benefits should stop.
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