Can a disability plan be equitably distributed? If so, do I need a QDRO?

A disability benefit can be a complicated issue in a family law case. In many cases, a disability pension is not divisible as property, as it represents compensation for future lost earnings. See Gaffney v. Gaffney, 965 So. 2d 1217 (Fla. 4^th DCA 2007). Further, certain disability benefits are statutorily not permitted to be treated as property subject to division, such as VA disability benefits. However, in other cases, the disability benefit is based in whole or in part on service credit earned toward a normal retirement pension, and in those cases, the benefit will be divisible as property. See id. That does not, however, guarantee that the plan will honor a QDRO directed to such disability benefits. Rather, such disability benefits are often not subject to QDROs, but certain (not all) plans may honor an Income Withholding Order.
Disability benefits must be dealt with on a case-by-case basis. It is never safe to assume that such benefits are subject to equitable distribution. Nor is it safe to assume a QDRO may be used to divide such benefits. Further, as critical as discovery may be to divide a retirement asset, it is even more critical when dividing disability benefits, because such plans are generally governed by different rules and laws than retirement pensions.
When you encounter disability assets, it is advisable to contact a professional specializing in them that can direct you to use the proper language in a settlement agreement and the Final Judgment to protect both the client and the attorney representing them. It is also advisable never to get a Final Judgment until all QDRO's have been issued and to object should the other side attempt to get a Final Judgment prior to entry of the QDRO.