If the pension is purely "premarital" then, NO, she is not entitled to any of such pension. However in a dissolution you can essentially agree to what ever you want. A dissolution is an agreement between the parties. So if you AGREED to let her have a portion of the pension, that is fine, but she is not "entitled" to it. Good luck. You certainly should have an attorney review the documents.
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The Uniformed Services Former Spouses’ Protection Act (USFSPA) was passed by Congress in 1982. The USFSPA gives a State court the authority to treat military retired pay as marital property and divide it between the spouses. The USFSPA defines a “court order” dividing military retired pay enforceable under the Act as a “final decree of divorce, dissolution, annulment, or legal separation issued by a court, or a court ordered, ratified, or approved property settlement incident to such a decree.” This also includes an order modifying a previously issued “court order.”
If you were already retired from the military and already drawing retirement pay from the military PRIOR to getting married to this woman, she has NO entitlement to it. Because she was not married to you while you were in the military, the court cannot legally divide it between you and your spouse. However, the court can include this military retirement as part of your total income and use it to calculate either spousal support or child support in this marriage.
If you are a retiree and live near an active duty installation you should check to see when the post Legal Assistance office sees retirees. They should eaily be able to answer question and let you know if you need to hire private counsel as they can only advise not represent. This is a bread and butter question for JAG legal assistance attorneys. Good Luck
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