Divorce & Annulment

questions & answers

Question: I just read that in 2017 the laws changed for military divorce. It now states the pension division in divorce is based on the service member’s rank and time in service at the date of the divorce. As I have always believed it should. So, my question is, can I go back to court and have my pension recalculated with the new formula? Thanks, Dan

Answer: It may or may not be possible, depending on the wording of the statute. In most cases, these types of changes are not retroactive for earlier cases.   You need to talk to someone at the Defense Financing and Accounting Service and get a definitive answer on what position it takes on the issue.  Go to: https://www.dfas.mil/garnishment/usfspa/faqs.html.  The state courts who issue the pension division orders will follow the federal rules.  You can contact the FAS on line at the provided web address.  The site also has a customer service phone number.  You can also consult an attorney who has experience with military pensions in divorce.

QUESTIONS

  • I just read that in 2017 the laws changed for military divorce. It now states the pension division in divorce is based on the service member’s rank and time in service at the date of the divorce. As I have always believed it should. So, my question is, can I go back to court and have my pension recalculated with the new formula? Thanks, Dan

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