In Re the Marriage of Shelly Rae Barron, Petitioner/appellee v. Paul Roger Barron, Respondent/appellant.

Summary

The court held that federal law does not permit a state court to require a military spouse to make payments equivalent to a former spouse's share of military retirement pay before the spouse retires and becomes entitled to receive that pay. Although a court may award a former spouse a share of military retirement pay before retirement, payment cannot begin until the military spouse actually retires and benefits are approved. The court vacated the relevant appellate and decree provisions and remanded for further proceedings.