Military Disability Retirement Lists In Colorado Divorce

Are you involved in a Colorado divorce or family law proceeding involving military retirement? A disability retirement is generally not divisible in divorce, however there are some recent exceptions related to those with 20 years of service who receive a disability retirement.  An experienced Colorado Springs divorce attorney can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

The first step to receiving a military disability retirement is to be placed on a military disability retirement list. The Temporary Disability Retired List (TDRL) and the Permanent Disability Retired List (PDRL) are both forms of military disability retirement under Chapter 61 of Title 10. 10 U.S.C. § 1202. TDRL is an interim status to determine if a disability will become permanent and stable. PDRL is the final disability-retirement status if the disability is determined to be permanent and stable after up to three years on the TDRL. Therefore, not all members on the temporary list will be determined to be permanently disabled.

“PDRL”, on the other hand, is a permanent disability retirement. 10 U.S.C. § 1201. It applies when the member:

1. Is unfit to perform the military duties;
2. Has a disability that is permanent and stable;
3. Did not incur the disability through intentional misconduct, willful neglect, or unauthorized absence; and
4. Meets service-connectedness and/ or longevity of service requirements—at least 20 years of qualifying service or a service-connected disability rating of at least 30%.

TDRL is appropriate when the member would qualify for disability retirement the condition is has not been determined to be permanent and stable, and accepted medical principles indicate that the disability may become permanent. 10 U.S.C. § 1202.

A member on TDRL must receive a physical examination at least once every 18 months to determine whether the disability has changed. 10 U.S.C. § 1210(a). The service must make a final determination no later than three years after TDRL placement. If the underlying disability still exists at that point, it is regarded as permanent and stable and the member receives a permanent disability retirement. 10 U.S.C. § 1210(b), (h).

Both TDRL and PDRL members receive disability retired pay. 10 U.S.C. § 1401. For PDRL, retired pay is generally the more favorable of the service-based multiplier or the disability percentage, subject to the 75% disability-percentage cap. A member may not be retired or separated for physical disability without a full and fair hearing if the member requests one. 10 U.S.C. § 1214

Turning Change Into Opportunity in Colorado Springs Divorce and Child Custody

Sabra Janko is a highly knowledgeable and experienced Colorado Springs divorce attorney who can guide you through Colorado Springs divorce and military retirement matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at here. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.