I went through a divorce where my military pension was in question. In my case I was married to another service member and she did not disclose her military pension and the judge did not like that. She was subsequently discharged from the service for failure to maintain standards (weight, appearance, and education). She then refilled asking the court to award her a percentage of my military pension. The judge ruled against her saying that he was not going to reward her for mismanaging her career or punish me for successfully managing mine. Also, I the last time I checked the regulation it says a percentage based of length of marriage while on active duty. In my case I was never on active duty while I was married to my ex-wife and did not serve on active duty until after we were divorced.
States have started to react to this recently; the states are allowing latitude regarding including the pension in the divorce proceedings. Another factor: time to collect. There are several states that have lowered the length of time required to pay; this is primarily due to the economic downturn and if a divorce occurred 20 years ago; at what point do you stop supporting someone? These are current questions going on this area.
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