Ex-Wife Entitled to Increases in Tennessee Ex-Husband’s Military Pension

Tennessee law case summary on military pension in divorce law from the Court of Appeals.

See appellate opinion. Parties’ names removed upon request.

The husband and wife in this Tennessee divorce case were married in 1987 and divorced in 2000.  During the marriage, the husband had served in the U.S. Air Force.  The parties agreed to a marital dissolution agreement, which contained a provision regarding the husband’s military pension.  The agreement stated that the wife would receive 25% of the husband’s military retirement, based upon his then current rank of Captain, or 25% of the amount of any early separation bonus.

In 2011, the wife inquired of the military as to what benefits she would receive upon the husband’s retirement.  The military responded that the current agreement could not be enforced, since it was based on a hypothetical condition.  The wife then asked the Tennessee court for reconsideration.

In 2013, the court amended the decree granting 25% of the actual pension, since the husband was then the rank of captain.  The husband appealed this order to the Tennessee Court of Appeals.

The husband argued that since the original decree was for an ascertainable amount and an award of alimony in solido, it could not be modified.  He argued that this amount, as viewed from the time of the decree, was $525 per month, based upon his income at the time of divorce.  If he had been eligible to retire at that time, this amount would reflect 25% of the pension.

The wife, on the other hand, argued that the correct award was 25% of the actual pension, based upon pay at the time of actual retirement.

The lower court had concluded that the language of the agreement was intended to prevent the wife from benefiting from rank advancements after the divorce.  The appeals court agreed with that interpretation.  It also agreed that the language of the agreement was intended to allow the wife to benefit from future cost of living increases, rather than stating a fixed dollar amount.

Since the appeals court agreed with this interpretation, it affirmed the trial court’s order.  The appeals court awarded the wife her costs, but not attorney fees on appeal.

No. M2013-02375-COA-R3-CV (Tenn. Ct. App. Nov. 26, 2014).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Dividing a Military Pension in Tennessee Divorce.