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In general, the division of pensions in a divorce is governed by the terms of the divorce decree and any related Qualified Domestic Relations Orders (QDROs). If the divorce decree explicitly states that the Army pension goes to the ex-spouse, altering that arrangement may be challenging.
However, there may be some avenues to explore:
Review the Divorce Decree and QDROs: If there are any ambiguities or inconsistencies in the documents, there might be room for interpretation or modification.
Exploring Legal Modification: It might be possible to petition the court for a modification of the divorce decree or related orders. This could be an involved and challenging process, requiring a strong legal argument for why the change is justified. Given the length of the current marriage it may be something to explore.
Given the complexity of the situation and the serious health concerns involved, you need to speak with an experienced family law attorney as soon as possible to understand the specific options and potential strategies. Family law partner Allison Sutton has experience in military divorce matters. I would recommend contacting us for a free consultation and requesting to speak with her.
