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
- 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.