questions & answers

Question: My ex-wife and I were divorced in 2010 and our dissolution documents were very vague concerning my military retirement. It states that "each of the parties shall be awarded, a division of their respective share of military retirement accumulated between the date of marriage and date of separation." Since there was no percentage or amount specified, she is now trying to file a new Domestic relations Order in order for me to give her a portion of my retirement. What can I do in order to make sure it is divided equitable and fair, so I do not get steamrolled in this matter?

Answer: Military pensions are divided by the state court in a divorce.  The state court's order must meet federal requirements in order to be enforceable.  The key question here is whether the original order was enforceable.  She can go back to court and ask that the decree be modified.  The ex is entitled to only the portion of your retirement earned during your marriage.  For example:  John enters the military, marries the following year. On year 12 of his service, he and his wife divorce.  Wife would be entitled only to the portion of his retirement accrued between year 2 and year 12, nothing before or after.  I am sending you a link for a document that may be helpful.