If I am ordered to split my military pension with my ex but I choose not to re-enlist and not to retire, will there be legal recourse?

My dissolution isn’t final yet but I am expecting the judge to award my ex a portion of my military retirement. If that does happen and I later chose not to re-enlist or retire, could I be punished for doing so?

Asked on March 21, 2012 under Family Law, Washington


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Here is the issue. If you currently have monies in your pension, then those monies earned during the time you were married would need to be divided. You would need a QDRO I believe. If you are choosing not to continue with the military but are instead going to work, all of this needs to be made clear to the court. Make sure your attorney has a clear accounting of what has been earned, what plans will be made and then go from there.

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