Virginia Military Divorce Information

In Virginia, Va. Ann. Code § 20-107.3 defines marital property to include all pensions, whether or not vested.

The brief summary of cases below are not all inclusive of the issues discussed. You may want to read each case in full to find similarities to your own situation that you can discuss with your attorney and use to obtain the best outcome of your own decree.

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Divorce Cases Setting Precedent in Virginia

Military retirement pay is divisible.

  • 1987 Mitchell v. Mitchell, 4 Va. App. 113, 355 S.E.2d 18;
  • 1985 Sawyer v. Sawyer, 1 Va. App. 75, 335 S.E.2d 277, Va. Ct. App.
  • 1992 Owen v. Owen, 419 S.E.2d 267, Va.Ct.App.(disability case – held not to violate Mansell).

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