PIERRE, S.D. (KELO) — A circuit judge must take another look at how an ex-husband’s military-retirement pay should be split with the ex-wife, according to the South Dakota Supreme Court.
The justices unanimously found that Circuit Judge Jon Sogn made an incorrect calculation. They ordered the Minnehaha County divorce case be sent back for further review.
Writing for the state’s highest court, Justice Mark Salter said Judge Sogn didn’t properly apply federal law.
“This error prejudiced Camille because it substantially reduced what we believe the circuit court intended to be a true reflection of an equal share of Daniel’s disposable retired pay attributable to time he and Camille were married,” Justice Salter stated.