Value of Military Pension Appealed in Clarksville, Tennessee Postdivorce Dispute: Foster v. Foster

Herston on Tennessee Family Law

Facts: Husband and Wife divorced in 2006 after 13 years of marriage. At the time of divorce, Husband had served 14 years in the United States Army and held the rank of Captain. Their marital dissolution agreement provided:

The parties mutually acknowledge that they have been married during 13 years (156 months) of Husband’s active military service and that he now holds the rank of Captain. In the event Husband should retire from the military at a higher rank and thereby becomes eligible for retired military pay, the parties agree that Wife shall have 33% of Husband’s disposable retirement pay at the grade of Captain and that said amount shall be payable for a period of 13 years (156 months) regardless of whether Husband attains a higher rank than Captain.

In May 2015, Husband retired from the military at the rank of Major after 23 years of service.

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