This is one of the least understood and commonly misapplied areas of family law - by lawyers and Judges alike. There seems to be this common misperception that if a non-military spouse is married to the military member for less than 10 years of his/her career then the non-military spouse is entitled to no portion of the military retirement. I have also heard the converse zelously asserted. NEITHER IS TRUE!! 10 USC 1408 made clear that it was leaving the question of whether or not "disposable retired pay" is divisible as a marital asset to each state! Oklahoma has published several opinions- at least one from the Oklahoma Supreme Court and several from the OK CIV APP regarding this issue - and the sub-issue of what to do when some or all of the military member's pay has been converted to VA disability benefits.
I will soon be submitted an article explaining these points of law to the OBJ. In the meantime, please feel free to comment with your thougts and whether or not you think such an article would be helpful. Thank you.
Subscribe to:
Post Comments (Atom)
1 comment:
This issue is becoming more and more significant in family law. Not only do we have Tinker, but there is an Air Base in Enid and Fort Sill in Lawton. Additionally, all the reservists getting divorced are facing this issue and I, for one, do not understand the difference, if there is any, between reserve retirement and active duty retirement. So, please, oh former-judge, enlighten us.
Post a Comment