Vested Military Retirement Pay
|Military Divorce States – Best State for Vested Retirement Pay Division
- Alabama Requires ten years of marriages during ten years of service, See:
Code § 30-2-51 Form 8332 - Arizona May require payments of retired pay to begin before the service member has retired.
See: Koelsch v Koelsch - Arkansas Limits court jurisdiction over pension division, see:
Holaway v Holaway - California May require payments of retired pay to begin before the service member has retired.
See: In re Luciano, In re Marriage of Gillmore and In re Marriage of Scott. - Florida Florida Military Divorce Mistakes
- Indiana Limits court jurisdiction – pension must be vested, see:
Dowden v Allman - Oklahoma
- Oklahoma House Bill 1053 USFSPA Changes 2009-2010
An indepth look at Oklahoma H.B. 1053 (for USFSPA Changes 2009, 2010) While this legislation is history, reviewing past ideas can help create better legislation for the future. - Oklahoma House Bill 528, March 2011
- Oklahoma House Bill 1053 USFSPA Changes 2009-2010
- New Mexico May require payments of retired pay to begin before the service member has retired. See: Mattox v Mattox
- North Carolina *UNVERIFIED (check google for more information)*: NC family law GS 50-20 allows awards at the highest rank and payments for life,
refering to retired pay as “usable non-vested property” - Texas Will not divide military retired pay based on a “line number” rank and will base division upon accrual through date of divorce. See
Grier v Grier and Berry v Berry - Puerto Rico Noncontributory pensions are separate property not to be divided. See:
Delucca v Colon
*Please contact us with documented links to more state codes that could be added to this list.