The New York State Court of Appeals ruled on October 22, 2024, that a woman is entitled to a share of her ex-husband’s pension from his pre-marriage military service. When they were still married, the couple used marital funds to augment the husband’s Foreign Service pension so that it included credit for his pre-marriage military service. The Court of Appeals ruled that the portion of the Foreign Service pension related to credit for that service is entirely marital property because marital funds were used to transform the credits into pension rights. The court reversed the Appellate Division ruling and sent the case back to NY Supreme Court, Tompkins County, to calculate the amount due to the ex-wife. John Szypula joined the Navy in 1987, when he was twenty-two. John Szypula and Meredith Szypula were married nine years later. Two years after that, in 1998, he left the Navy. Because members of the armed services are usually entitled to retirement pay only after they complete 20 years of service, he was not entitled to military retirement benefits when he left the Navy. From 1998 to 2012, John Szypula worked in the private sector. In 2012, he joined the Foreign Service and enrolled in the Foreign Service Pension System (FSPS). Military veterans who join the Foreign Service can add their years of military service to their FSPS pensions by making contributions for the years they served in the military. From 2012 to 2018, a portion of his earnings were withheld to enhance his Foreign Service pension at a total cost of $9,158. The couple divorced in 2019, but they never resolved whether the portion of the FSPS pension attributable to his nine years of pre-marriage Navy service was separate or marital property.
Call or text experienced NY divorce attorney, Mike Ranzenhofer at 716.543.3764 to protect your rights in a divorce.
