I was divorced after 13 (155 months) of marriage. This time overlapped my time on active duty. Now that I am divorced the decree states that The plaintiff (Her) is awarded a percentage of the defendant’s disposable military retired pay to be computed by multiplying 50% times a fraction, the numerator of which is 155 months of marriage during the members creditable military service, divided by the member’s total number of months of creditable military service. That Plaintiff shall receive payments at the same time as the defendant.
My question is at the time I wan an E-7, now will her amount continue to increase as I continue to get promoted? Also, will it also increase if I remain on active duty past 20 years. I have found this NC statute and wonder if it would have any bearing on me filing a motion to modify this order to have it read for her to receive retirement at the pay grade I was at time of the separation and ant 20 yrs?
North Carolina General Statutes § 50-20.1 Pension and retirement benefits:
(d) The award shall be determined using the proportion of time the marriage existed (up to the date of separation of the parties), simultaneously with the employment which earned the vested and nonvested pension, retirement, or deferred compensation benefit, to the total amount of time of employment.The award shall be based on the vested and nonvested accrued benefit, as provided by the plan or fund, calculated as of the date of separation, and shall not include contributions, years of service, or compensation which may accrue after the date of separation.[/u] The award shall include gains and losses on the prorated portion of the benefit vested at the date of separation.