Divorce & Annulment

questions & answers

Question: Hello, once a divorce judgement is entered, what documents need to be filed with the court in order to split military pension? The marriage was for 45 years

Answer: The division of the military pension should be accomplished by including the proper language in the decree of dissolution.  If you are represented by an attorney, the attorney should know the proper wording to include in the decree.  The Defense Department states that the Uniformed Services Former Spouses' Protection Act defines a "court order" dividing military retired pay enforceable under the Act as a "final decree of divorce, dissolution, annulment, or legal separation issued by a court, or a court ordered, ratified or approved property settlement incident to such a decree.  If the divorce is already complete, the Defense Department also considers a court order that modifies a divorce decree to include division of the pension.  There are a number of articles on line that can help you through the process.  You can start with this article:  https://www.militaryonesource.mil/family-relationships/relationships/relationship-challenges-and-divorce/uniformed-services-former-spouse-protection-act-for-divorced-spouses-in-the-military