Client was divorced in 2020. His ex-wife was suppose to get half of VA pension in the divorce. VA finally got the paperwork done in January of this year 2023.He has been paying her half for two years and getting a 1099R for the total amount. Can he give her a 1099 for what he gave her? If he did how would he show the expense on his return?
The court order to divide military retirement must meet very specific requirements, otherwise DFAS will not process it. And note that while many attorneys may refer to the order as a QDRO, a military retirement is not a qualified pension under section 401(a) of the Internal Revenue Code, so a QDRO is neither needed, nor is it sufficient.
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