Be Specific in Divorce Agreements To Avoid Future Legal Trouble

March 28, 2011Articles Navy Times

A recent ruling in a case in New Jersey’s state courts departed from established law on the contentious issue of how a service member’s military retirement pay is treated in divorce cases.

“It’s imperative to include in the divorce decree a statement of intent, as well as a formula, that calculates a former spouse’s share of the member’s retired pay,” says Jennifer Wesiberg Millner. “Service members must ensure that they have counsel who understands how military retired pay is calculated and how state law applies. Failure to take these steps could cost a member a significant amount of retirement pay over a lifetime.”

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