The non-military spouse’s portion of a military pension can be obliterated in the event the military spouse converts, at any time, from a pension to a disability payment. In the Supreme Court case of Howell v. Howell 137 S. Ct. 1400 (2017) the court held that federal law preempts state law with regard to the vesting of military retirement payments. In other words, a Marital Settlement Agreement incorporated into a Judgment of Divorce in Maryland or a Judgement of Divorce which awards a portion of a military retirement pension to the non-military spouse can be defeated in the event the military spouse converts to a disability payment. A conversion to disability can occur even after the agreement/judgment has been rendered. See: Hurt v. Hurt-Jones Md. App. (2017). Be sure to consult with an attorney well versed in military divorce proceeds such as the Law Office of Nicholas T. Exarhakis. Please call for a free telephone consultation.
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