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Dividing Military Retirement in Divorce: USFSPA Orders, Disability Waivers, and Survivor Benefits

One misdrafted data element gets a pension order rejected by DFAS; one disability waiver erodes the share you won. Learn to draft division orders DFAS accepts, apply the Frozen Benefit Rule, protect the pension share post-Howell, and secure SBP coverage before the one-year deadline.

2026-10-30 14:30:00

Program Details

2026-10-30 14:30:00

2026-10-30 14:30:00

2h CLE Credits

2026-10-30 14:30:00

Program Details

2026-10-30 14:30:00

Program Details

2026-10-30 14:30:00

Over 1,000+ webinars

2026-10-30 14:30:00

Course Overview

The decree can award half the pension and the former spouse can still receive nothing

2026-10-30 14:30:00

Military pension division no longer turns on the decree alone. Since NDAA FY2017, the Frozen Benefit Rule under 10 U.S.C. § 1408(a)(4)(B) dictates how the award must be expressed. DFAS then applies its own technical review before a dollar reaches the former spouse. And in February 2026, DFAS reversed its regulatory position on Concurrent Retirement and Disability Pay, reopening questions practitioners treated as settled.

Omit a jurisdictional finding and DFAS rejects the order. Miss the 10/10 Rule and direct payment is off the table. Get the award formula or the 50% cap wrong and the share shrinks. Let the retiree elect VA disability and Mansell v. Mansell and Howell v. Howell leave few remedies. Miss the one-year SBP deadline or deemed election and survivor coverage is gone, leaving the drafting attorney exposed.

Steven P. Shewmaker and Patricia Shewmaker of Shewmaker & Lewis walk through the data elements, findings, and award formulas DFAS demands. They cover common rejection patterns and BRS and Guard/Reserve complications. Attendees leave able to draft protective SBP language, calendar critical filing deadlines, and spot when a disability election eroded a court-ordered share. They also learn to counsel clients on CRDP divisibility while DFAS implementation remains unsettled.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
DFAS Jurisdictional Gatekeeping
How the jurisdictional prerequisites and the 10/10 Rule determine whether DFAS accepts an order and pays the former spouse directly or rejects it outright.
02
Frozen Benefit Rule Drafting
What changed after NDAA FY2017 under 10 U.S.C. § 1408(a)(4)(B), and how to build the award formula, required data elements, and 50% cap so the order survives DFAS technical review.
03
BRS and Reserve Complications
How BRS and Guard/Reserve issues, SBP placeholders, and DFAS submission mechanics produce the common rejection patterns and drafting traps that create malpractice exposure.
04
Disability Waiver Erosion
How a retiree’s VA disability election shrinks a court-ordered pension share under Mansell v. Mansell and Howell v. Howell, and which compensatory remedies remain available post-Howell.
05
CRDP and CRSC Divisibility
How DFAS’s February 2026 regulatory reversal reopened Concurrent Retirement and Disability Pay divisibility, and how to counsel clients through the ongoing implementation uncertainty.
06
SBP Deadlines and Deemed Elections
How to draft protective Survivor Benefit Plan language, calendar the strict one-year deadlines, and use deemed election mechanics to secure and preserve former-spouse coverage.

Program schedule

clock 2:30 pm - 3:30 pm EST

Drafting Military Retired Pay Division Orders That DFAS Will Accept

This session teaches family law attorneys how to draft military retired pay division orders that will pass DFAS technical review and result in direct payments to former spouses. Attorneys will learn the specific data elements, jurisdictional findings, award formulas, and statutory requirements — including the Frozen Benefit Rule under 10 U.S.C. § 1408(a)(4)(B) — that determine whether DFAS accepts or rejects an order. Attendees leave with a working knowledge of DFAS submission mechanics, common rejection patterns, and the drafting traps that create malpractice exposure.

Steven P. ShewmakerSteven P. Shewmaker
Patricia ShewmakerPatricia Shewmaker
clock 3:40 pm - 4:40 pm EST

Protecting the Pension Share from Disability Waivers and Securing Survivor Benefit Coverage

This session examines how VA disability waivers shrink the former spouse’s share of military retired pay under Mansell v. Mansell and Howell v. Howell, the emerging divisibility of Concurrent Retirement and Disability Pay (CRDP) following DFAS’s February 2026 regulatory reversal, and the strict one-year deadlines and deemed election mechanics governing Survivor Benefit Plan (SBP) coverage. Attorneys will learn to identify when a retiree’s disability election has eroded a court-ordered pension share, what compensatory remedies remain available post-Howell, and how to secure and preserve SBP coverage for a former spouse. By the end of the session, attorneys will be able to draft protective SBP language, calendar critical filing deadlines, and counsel clients on CRDP divisibility in light of ongoing DFAS implementation uncertainty.

Steven P. ShewmakerSteven P. Shewmaker
Patricia ShewmakerPatricia Shewmaker
Steven P. Shewmaker

Steven P. Shewmaker

Shewmaker & Lewis

Patricia Shewmaker

Patricia Shewmaker

Shewmaker & Lewis

Steven P. Shewmaker

Steven P. Shewmaker

Shewmaker & Lewis

Steven P. Shewmaker handles military domestic matters and the division of retirement accounts incident to divorce, including military pensions, FERS, and Thrift Savings Plan accounts, as a founding partner of Shewmaker & Lewis in Peachtree Corners, Georgia. He brings more than twenty years of military service to that work and continues to serve as an Army Reserve Judge Advocate.

Education & Credentials

Mr. Shewmaker graduated from the University of Alabama in 1990 as a Distinguished Military Graduate, having attended on cross country and Army ROTC scholarships. He earned his law degree with honors from Georgia State University College of Law. He is admitted to the State Bar of Georgia, the Georgia Court of Appeals, the Georgia Supreme Court, and the United States District Courts for the Northern and Middle Districts of Georgia

Recognition & Leadership

He received the Bronze Star Medal for his 2003–2004 service in Iraq, Kuwait, and Afghanistan during Operation Iraqi Freedom. He is a member of the Class of 2013 of Leadership DeKalb and serves as an assistant trial coach for the Tucker High School Mock Trial Team.

Professional Involvement

Mr. Shewmaker serves on the executive committee of the Military and Veterans Law Section of the State Bar of Georgia and is a member of the Bar’s Family Law and Criminal Law Sections. He is Treasurer of the DeKalb Family Law Section and a member of the American Bar Association and the DeKalb Bar Association.

Experience

Commissioned as an active duty Army officer in 1990, Mr. Shewmaker served as an Infantry Officer with the 25th Infantry Division at Schofield Barracks, Hawaii, and in Military Intelligence assignments with III U.S. Armored Corps at Fort Hood, Texas, before his activation for Operation Iraqi Freedom. In practice, he concentrates on military domestic matters, multi-jurisdictional domestic cases, and the division of retirement accounts incident to divorce, including military pensions, FERS, and TSP accounts. His family law work also includes contested child custody, complex asset division, prenuptial and postnuptial agreements, and modifications of custody, alimony, and child support. A former prosecutor, he also handles criminal defense matters in state, superior, federal, and military courts.
Patricia Shewmaker

Patricia Shewmaker

Shewmaker & Lewis

Patricia (Patty) Shewmaker represents many military service members in family law matters and specializes in dividing qualified retirement plans incident to divorce and legal separation, including military pensions, pensions under the Federal Employees Retirement System (FERS), Thrift Savings Plans (TSPs), private pensions, and 401(k)s. A West Point graduate and Bronze Star Medal recipient, she practices with Shewmaker & Lewis in Peachtree Corners, Georgia.

Education & Credentials

Ms. Shewmaker earned a Bachelor of Science in political science from the United States Military Academy at West Point, New York, where she was commissioned as a Second Lieutenant in Military Intelligence. She earned her law degree with honors from Georgia State University College of Law. She is admitted to the State Bar of Georgia, the Georgia Court of Appeals, the Georgia Supreme Court, and the United States District Courts for the Northern and Middle Districts of Georgia.

Recognition & Leadership

She received the Bronze Star Medal for her service in a combat theater of operations and is a member of the Class of 2012 of Leadership DeKalb.

Professional Involvement

Ms. Shewmaker serves on the executive committee of the Military and Veterans Law Section of the State Bar of Georgia and is a member of its Family Law Section. She is also a member of the American Bar Association and the DeKalb Bar Association.

Experience

Ms. Shewmaker served seven years on active duty in the United States Army and three years in the Georgia Army National Guard, deploying as Company Commander of a Counterintelligence Company in support of Operation Iraqi Freedom and Operation Enduring Freedom. In practice, she represents military service members in family law matters and divides qualified retirement plans incident to divorce and legal separation. Her practice extends to divorce litigation, modification of custody, alimony and child support, contempt actions, legitimations, and paternity suits. She also handles cross-jurisdictional family law litigation spanning multiple states and foreign countries, working within the jurisdictional requirements of the UCCJEA and the UFSA.
Steven P. Shewmaker

Steven P. Shewmaker

Shewmaker & Lewis

Steven P. Shewmaker handles military domestic matters and the division of retirement accounts incident to divorce, including military pensions, FERS, and Thrift Savings Plan accounts, as a founding partner of Shewmaker & Lewis in Peachtree Corners, Georgia. He brings more than twenty years of military service to that work and continues to serve as an Army Reserve Judge Advocate.

Education & Credentials

Mr. Shewmaker graduated from the University of Alabama in 1990 as a Distinguished Military Graduate, having attended on cross country and Army ROTC scholarships. He earned his law degree with honors from Georgia State University College of Law. He is admitted to the State Bar of Georgia, the Georgia Court of Appeals, the Georgia Supreme Court, and the United States District Courts for the Northern and Middle Districts of Georgia

Recognition & Leadership

He received the Bronze Star Medal for his 2003–2004 service in Iraq, Kuwait, and Afghanistan during Operation Iraqi Freedom. He is a member of the Class of 2013 of Leadership DeKalb and serves as an assistant trial coach for the Tucker High School Mock Trial Team.

Professional Involvement

Mr. Shewmaker serves on the executive committee of the Military and Veterans Law Section of the State Bar of Georgia and is a member of the Bar’s Family Law and Criminal Law Sections. He is Treasurer of the DeKalb Family Law Section and a member of the American Bar Association and the DeKalb Bar Association.

Experience

Commissioned as an active duty Army officer in 1990, Mr. Shewmaker served as an Infantry Officer with the 25th Infantry Division at Schofield Barracks, Hawaii, and in Military Intelligence assignments with III U.S. Armored Corps at Fort Hood, Texas, before his activation for Operation Iraqi Freedom. In practice, he concentrates on military domestic matters, multi-jurisdictional domestic cases, and the division of retirement accounts incident to divorce, including military pensions, FERS, and TSP accounts. His family law work also includes contested child custody, complex asset division, prenuptial and postnuptial agreements, and modifications of custody, alimony, and child support. A former prosecutor, he also handles criminal defense matters in state, superior, federal, and military courts.
Patricia Shewmaker

Patricia Shewmaker

Shewmaker & Lewis

Patricia (Patty) Shewmaker represents many military service members in family law matters and specializes in dividing qualified retirement plans incident to divorce and legal separation, including military pensions, pensions under the Federal Employees Retirement System (FERS), Thrift Savings Plans (TSPs), private pensions, and 401(k)s. A West Point graduate and Bronze Star Medal recipient, she practices with Shewmaker & Lewis in Peachtree Corners, Georgia.

Education & Credentials

Ms. Shewmaker earned a Bachelor of Science in political science from the United States Military Academy at West Point, New York, where she was commissioned as a Second Lieutenant in Military Intelligence. She earned her law degree with honors from Georgia State University College of Law. She is admitted to the State Bar of Georgia, the Georgia Court of Appeals, the Georgia Supreme Court, and the United States District Courts for the Northern and Middle Districts of Georgia.

Recognition & Leadership

She received the Bronze Star Medal for her service in a combat theater of operations and is a member of the Class of 2012 of Leadership DeKalb.

Professional Involvement

Ms. Shewmaker serves on the executive committee of the Military and Veterans Law Section of the State Bar of Georgia and is a member of its Family Law Section. She is also a member of the American Bar Association and the DeKalb Bar Association.

Experience

Ms. Shewmaker served seven years on active duty in the United States Army and three years in the Georgia Army National Guard, deploying as Company Commander of a Counterintelligence Company in support of Operation Iraqi Freedom and Operation Enduring Freedom. In practice, she represents military service members in family law matters and divides qualified retirement plans incident to divorce and legal separation. Her practice extends to divorce litigation, modification of custody, alimony and child support, contempt actions, legitimations, and paternity suits. She also handles cross-jurisdictional family law litigation spanning multiple states and foreign countries, working within the jurisdictional requirements of the UCCJEA and the UFSA.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs