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The 10-year requirement applies only to military
retirement pay paid directly by the military
finance center to the former spouse. Virginia
appellate courts have stated while a 10-year
marriage is a condition for direct payment,
failure to meet the 10-year requirement does not
bar the court's division of a spouse's military
retirement pay. Cook v. Cook , 18 Va. App.
726, 446 S.E.2d 894 (1994).
Likewise, the Court have held that even if the
military personnel has not served 20 years and
is not fully vested, not mean that the spouse is
excluded. Like any pension, the military pension
is a deferred compensation and can be includable
for consideration in a divorce. Similarly, The
marital estate for purposes of dividing the
pension, includes only that portion of a
military pension which is earned during the
marriage.
Military pensions are tricky and you need to
talk to a qualified domestic relations
attorney who can better assist you. |
Military Pensions
