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.