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.