Divorce and Remarriage

questions & answers

Question: I was married to my ex husband for 11 years while he was in the military. He later retired from the military. Am I entitled to half of his pension? It was not noted on our divorce decree.

Answer: Division of military pensions is governed by the Uniformed Services Former Spouse's Protection Act.  Under this law, state courts are given the power to divide military pensions in a divorce (dissolution) proceeding in accordance with federal guidelines.  There must be a family court order.  The USFSPA defines a court order dividing military pensions as follows:  "Final decree of divorce, dissolution, annulment, or legal separation issued by a court, or 3 a court ordered ratified or approved property settlement incident to such a decree."  This also includes an order modifying a previously issued court order.  In other words, the statute requires you to go back to court to have your decree of dissolution modified to divide the pension.