A court’s ruling in a Southern California divorce case from San Diego, along with a bill making its way through the legislature in far-away Oklahoma, are bringing new attention to military retirement pay and how it is treated in divorce cases here in Orange County and elsewhere around the country.
According to a press release republished by PR Log, the San Diego case turned on the proper implementation of a 1997 California divorce settlement of a couple in which the husband was in the military. After the ex-husband retired in 2007, the ex-wife alleged, he failed to uphold their agreement.
The California case focused on what were essentially technicalities regarding the drafting and implementation of the original agreement and the wife’s contention that these led to her being denied the full portion of her husband’s military retirement pay to which she was entitled. If proposed legislation in Oklahoma passes, however, that share could shrink for spouses in future cases – a prospect that has other legislatures paying close attention and has sparked warnings that Oklahoma might become a haven for armed forces members seeking to dissolve their marriages.