Updates on Yourko vs. Yourko - Military Divorce Case in the Supreme Court of Virginia

Heather Pedersen of Pedersen Law PLLC is defending the monetary interests of Lee Ann Yourko in the Yourko vs. Yourko case, a military divorce case in the Supreme Court of Virginia. Upcoming arguments will be taking place the week of January 9, 2023. Lee Ann Yourko is entering the court hoping that Heather Pedersen can help her keep the awarded amount of retirement pay, while her ex-husband, Michael Yourko, argues that the court has awarded the wrong amount. 

The Basics of the Yourko vs. Yourko Case 

Yourko vs. Yourko is a great example of how seemingly simple family law matters can become increasingly difficult. In this case, Michael Yourko, the husband of Lee Ann Yourko, is appealing the court’s decisions to dismiss his motion for modification of a final decree and equitable distribution order, and a military pension division order. Michael argues that the circuit court has made a mistake, and if the calculation stands, it will give his wife 140% of his divisible disposable retirement pay, otherwise known as his military pension. 

Under federal law, a maximum of 50% of divisible disposable retirement pay is allowed to be paid to the divorcing spouse. To the dismay of Michael Yourko, the circuit court says they can not reopen the case as the statute of limitations has passed. The circuit court is also claiming that there was no clerical error in the court’s calculation of retirement pay. 

Heather Pedersen will be defending the interests of Lee Ann Yourko. Lee Ann is arguing that her ex-husband’s claim is coming long after the circuit court lost jurisdiction of this case due to Rule 1:1. Lee Ann was supposed to share 30% of the $4,009 per month disposable retirement pay. However, her ex-husband is arguing that his disposable retirement pay is only $844, meaning that the originally agreed-upon sum of $1,202.70 would not be paid out to her monthly. 

What Can We Expect for the Case? 

Ultimately, the circuit court has made a mistake in denying Michael Yourko’s motion for modification. The purpose of the case is to reverse the circuit court’s original ruling and make changes to the original sum of the pension division order. Heather Pedersen will be working to ensure that her client Lee Ann Yourko receives the agreed-upon compensation. 

As this case continues, Pedersen Law will make updates to its status and provide feedback on the final verdict.