Legal Question in Family Law in Washington

Re: military retirement

You need to contact an attorney in Pierce County named Bruce Baxter. He is an expert on military pension issues. he will be able to give you a more definitive answer, or a second opinion, if you will.

Plus he's a really nice guy.

Here is my experience: The disability pay is not included in the total pension amount. (If he's 10% disabled, he gets an amount to offset that disability) That amount *could* increase the total amount of his eventual pension.

The portion of his pension that is directly tied to his disability is his alone and not community property subject to distribution in a divorce. It is his. He gets it because something hurts, and he does not have to share it.

The REST of the pension is available for distribution. State law trumps Federal law on distribution of military pensions, subject to certain exceptions. The amount the spouse can claim is directly related to the number of years the service member was on active duty AND the number of years they were married.

This is a tricky subject, and it will affect your future. Take the time to contact the state expert on the subject. He'll know for sure and will help you get the best result possible.

You have to reach a percentage division and incorporate it in the decree of dissolution. Failure to provide court ordered support can subject an obligor to the contempt power of the court. I don't know how to do it except by following the rules. That's what you are calling a "legal battle" - that's what family law attorneys do every day.

Elizabeth Powell

Re: military retirement

The right to have a portion of a military pension paid directly from Defense Finance and Accounting to the former spouse is limited to those who have been married during 10 years of creditable service. If you fit that criteria you need to create an order much like a QDRO for a military pension; they have a different name (COAP), but effect the same purpose, distribution of a military pension.