Quick answer: Wyoming divides property in a way that appears just and equitable, having regard for the respective merits of the parties, the condition each will be left in, the party through whom property was acquired and the burdens on it. The statute names no formula; the Wyoming Retirement System’s order form awards a stated percentage of plan benefits as of a stated date.
This Wyoming pension division calculator shows an illustrative marital fraction of a benefit under Wyo. Stat. 20-2-114. You supply the months of service during the marriage, the total months, the monthly benefit and the share you want to test: both the fraction and the share are illustrations, not Wyoming rules.
Wyoming pension and retirement division at a glance
| Rule | What Wyoming says |
|---|---|
| Standard | In granting a divorce the court shall make the disposition of the property that appears just and equitable (Wyo. Stat. 20-2-114(a)) |
| Factors named | The respective merits of the parties, the condition in which they will be left, the party through whom the property was acquired and the burdens imposed on the property (20-2-114(a)) |
| Alimony | The court may decree reasonable alimony out of the other’s estate, having regard for ability to pay (20-2-114(a)) |
| Veterans’ disability | The court may not consider federal service-connected disability benefits or indemnify a spouse for a waiver of retired pay to receive them (20-2-114(b)) |
| Plan orders | The Wyoming Retirement System form awards the alternate payee a percentage of plan benefits calculated as of a stated date, under 20-2-114 (WRS domestic relations order form) |
| Military pay | Federal law caps total court-ordered payments at 50% of disposable retired pay and allows direct payment only after a 10-year marriage and service overlap (10 U.S.C. 1408) |
How does Wyoming divide a pension?
- The marital share. See how a Wyoming pension’s marital share is calculated.
- Dates and valuation. See cutoff dates and valuation for retirement accounts in Wyoming.
- Military and federal pensions. See military and federal pensions in a Wyoming divorce.
What does this pension division calculator check?
The calculator divides months of service during the marriage by total months of service, applies that fraction to the monthly benefit, and multiplies by the share you enter. The part outside the fraction, such as service before the marriage, is shown separately. For military retired pay it also checks the federal 10-year overlap that allows direct payment (10 U.S.C. 1408(d)(2)). A court may weigh the factors differently, and the benefit also depends on the plan’s own rules. To see the rest of the property split, use the Wyoming property division calculator.
Frequently asked questions
Are pensions divided in a Wyoming divorce?
Yes. The court disposes of the property of the parties justly and equitably, and the Wyoming Retirement System provides a form of order dividing its plan benefits under that section.
Is a Wyoming pension divided 50/50?
Not by rule. The standard is just and equitable and the statute names no percentage.
Are unvested pensions divided in Wyoming?
Ask a licensed Wyoming attorney; we did not read decisions on unvested benefits for this page.
What is the Wyoming cutoff date for retirement?
The statute names none; the retirement system’s order form uses a date you state.
Is military retirement divided in Wyoming?
It can be, within the federal 50% cap on total court-ordered payments, but veterans’ disability benefits cannot be considered.
Official sources
- Wyo. Stat. 20-2-114: disposition of property
- Wyo. Stat. 20-2-112: examination concerning property interests
- Wyoming Retirement System: domestic relations order form
- 10 U.S.C. 1408: military retired pay in divorce
- 26 U.S.C. 414(p): qualified domestic relations orders
- 29 U.S.C. 1056(d)(3): ERISA domestic relations orders