E. Methods of Dividing

• Library: Military Issues in Family Law 2017

E. Methods of Dividing

There are several methods of dividing disposable retired pay. The manner in which the judgment is worded is extremely important because if it contains any prohibited methods of division, or purports to divide “retired pay” (as opposed to disposable retired pay), it will likely be rejected by DFAS and an amended judgment or clarifying order must be entered and submitted to DFAS.

Although the trial court may not have authority to award a former spouse a portion of a servicemember’s VA compensation, the parties may agree to a property division that awards one spouse a share of the other spouse’s nonmarital property. Moore v. Moore, 484 S.W.3d 386, 390 (Mo. App. W.D. 2016). In Moore, the Western District held that although the trial court may not have possessed the authority to dispose of the husband’s nonmarital...