Divorce & Annulment

questions & answers

Question: I got divorced on Oct.17, 2018 after 24 years of marriage which 15 were active duty. Now I’ve been considering the “Former Spouse Act” . My question is .. can I get a percentage of his pension even after divorce? How do I go about it?

Answer: The simple answer to  your question is "yes."  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.  You can file for modification on your own by getting forms from the court website https://www.azcourts.gov/selfservicecenter/Family-Law-Forms.  However, it may be useful to speak with a lawyer to make sure you have the correct language in your paperwork.