Virginia Military Divorce Information
In Virginia, Va. Ann. Code § 20-107.3 defines marital property to include all pensions, whether or not vested.
The brief summary of cases below are not all inclusive of the issues discussed. You may want to read each case in full to find similarities to your own situation that you can discuss with your attorney and use to obtain the best outcome of your own decree.
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Divorce Cases Setting Precedent in Virginia
Military retirement pay is divisible.
- 1987 Mitchell v. Mitchell, 4 Va. App. 113, 355 S.E.2d 18;
- 1985 Sawyer v. Sawyer, 1 Va. App. 75, 335 S.E.2d 277, Va. Ct. App.
- 1992 Owen v. Owen, 419 S.E.2d 267, Va.Ct.App.(disability case – held not to violate Mansell).
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One Comment
Sure contributory “pensions” can be marital property, BUT military retired pay is N-O-T a “pension” ! It’s current income for current reduced service !
You can “post” all the state case laws you can find – but until Congress says that military retired pay IS a pension, it is N-O-T a “pension” !!!!!!!!
And no the USFSPA doesn’t make military retired pay a “pension” – the word is not in the USFSPA !