Wagner v. Wagner

HUDOCK, J.:

¶ 1 Amy L. Wagner (Wife) brings this interlocutory appeal by permission after the trial court granted Michael F. Wagner’s (Husband’s) preliminary objection to the court’s jurisdiction. This case raises the novel question of when a state court presiding over a divorce action may equita*634bly distribute a military spouse’s pension pursuant to the Uniformed Services Former Spouses’ Protection Act (Act), 10 U.S.C. sections 1401-1412. Because we conclude that the trial court erred in its interpretation of the federal law when it concluded that it had no jurisdiction over Husband’s pension,…