The Brewer Firm

Last month, Washington Division II Court of Appeals essentially confirmed the Bulicek formula for pre-2017 Division of Military pensions. Porter v. Porter:

X/Y x .5. x Disposable Annuity

"X" = months marital service
"Y" = total months of service

Decrees entered after 1/1/2017, however, must comply with the frozen coverture formula "as if the servicemember retired on the date of decree."

3 weeks until the D.R.A.W. Bar conference & seminar. After stepping down as President, I've been on the CLE Committee. This year we're presenting on Child S*x Abuse Allegations, cryptocurrency & NFTs (non- fungible transactions), as well as electronically stored evidence and much more. It's great to get together with colleagues. Always much to be learned and shared.

Dividing military pensions and benefit in a divorce is fraught with pitfalls. Military divorces are governed by both state and federal law. 10 USC. 1408 et seq. Some things to remember are:
- The NDAA 2016 limited the award to the former spouse. Washington caselaw, Marriage of Bulicek, was superceded.
-If the servicemember is a member of the Reserves or National Guard, you will need a point statement to calculate estimated returned at time of decree.
-The SBP should be addressed
- Dont forget the Thrift Savings Plan (TSP). If there is a TSP that will be divided, a special order is required. (Military Retirement Benefits Order)
- Dont forget 20-20-20 and 20-20-15 benefits
- In Washington, child support is based on ALL income, including BAS, BAS, VA disability, Soecialty pay, etc. Generally, only aid and attendant care is excluded.
There is much more. But that'll have to wait for another day.