While serving at the Air Force Personnel Center, in the Retirements and Separations Division, Mr. Walluk became knowledgeable of the complexities of the Air Force retirement system and the specific restrictions on SBP awards. In his practice he has applied that knowledge and developed an expertise in issues of military retirement and SBP determinations, representing both military members and spouses.
 

Texas and many other states require proportionate division of retirement benefits that have become community property. This is typically done by complicated formulas, made even more complicated if the member is a reservist, has combined service or remains in the service after a divorce. Despite laws on military retirement division having existed since the early 1980s, many judges and attorneys still have confusion regarding the various factors that go into retirement calculations. Unfortunately, that confusion often results in erroneous orders that are rejected by the defense finance and accounting service (DFAS) or which require expensive appeals to appellate courts. Mr. Walluk is frequently called on by other attorneys to draft appropriate retirement provisions for divorce decrees and he has successfully appealed erroneous orders.
 

The federal law regarding the survivor benefit plan (SBP) often creates even more frustration and confusion when requirements for applying for SBP are placed in divorce decrees as orders. Sometimes the order simply does not comply with the law.

No. 04-05-00087-CV Texas Fourth Court of Appeals – Successful appeal for client.
No. 04-03-00087-CV Texas Fourth Court of Appeals – Successful appeal for client.
No. 04-12-00087-CV Texas Fourth Court of Appeals – Successful appeal for client.
No. 08-10-00202-CV Texas Eighth Court of Appeals – Successful appeal for client.

MILITARY RETIREMENT AND SBP ISSUES IN DIVORCES

No.  04-13-00231-CV Texas Fourth Court of Appeals – Successful appeal for client.
  • Court improperly calculated amount of retired pay for spouse
  • Appellate Court reversed decision (see also 04-08-00063-CV on same issue)
  • Court improperly calculated amount of retired pay for spouse
  • Appellate Court reversed decision
  • Court said member could not accept VA disability if it reduced the disposable pay.
  • Court also awarded spouse SBP but did not award member spouse’s civil service SBP.
  • Appellate Court reversed both provisions of the decree.

Here are examples of military retirement issues in appeals that Mr. Walluk has won:

  • Court based spouse portion of retired pay on gross rather than disposable pay contrary to law.
  • Appellate Court reversed provisions of the decree

Law Office of Anthony W. Walluk

  • Federal SBP statute made it impossible to apply for SBP for spouse. 
  • Court ordered member to pay $1,000,000 in lieu of SBP coverage.
  • Appellate Court threw out the order.