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Thread: retirement

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    #1

    Question retirement

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    Question, DB's ex wife has threatened to try and go for some of his retirement. Their divorce is final, they were married for about 8 years, and he still has at least 5 years till he can retire. Is she entiltled to any of his retirement??
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    #2

    anyone have any idea?
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    #3
    She didn't ask for any originally? She could always take him back to court but whether or not get gets anything would be up to the judge. Was he in the military the entire 8 years they were married?
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    I believe they have to have been married at least 10 years for her to get anything.

    This website supports what I remember hearing:

    Divorce Support - Washington Military Divorce Laws

    The best thing to do is have you dh contact the attorney that handled his divorce and ask for clarification. Also it is best if you don't try to tell her that she isn't entitled to anything. It is a sure fire way to escalate things.

    If they didn't use and attorney then he should be able to call a divorce attorney and get the answer in a free consultation.
    http://militarysos.com/forum/image.php?type=sigpic&userid=8121&dateline=1213248817 TAKEN AT NISQUALLY WILDLIFE PRESERVE
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    #5
    No, there is no Federal law that automatically entitles a former spouse to a portion of a member’s military retired pay. A former spouse must have been awarded a portion of a member’s military retired pay in a State court order. The Uniformed Services Former Spouses’ Protection Act (USFSPA), Title 10, United States Code, Section 1408, passed in 1981, accomplishes two things. First, it authorizes (but does not require) State courts to divide military retired pay as a marital asset or as community property in a divorce proceeding. Second, it provides a mechanism for a former spouse to enforce a retired pay as property award by direct payments from the member’s retired pay. Retired pay as property payments are prospective only. Retired pay arrears cannot be collected under the USFSPA.
    To me this means that the divorce proceedings would need to include a break down of the pay and it would need to follow regulations. She can try, but I doubt she will get any. Just ignore her and let her burn herself out.
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    #6
    Quote Originally Posted by kaaau View Post
    I believe they have to have been married at least 10 years for her to get anything.

    This website supports what I remember hearing:

    Divorce Support - Washington Military Divorce Laws

    The best thing to do is have you dh contact the attorney that handled his divorce and ask for clarification. Also it is best if you don't try to tell her that she isn't entitled to anything. It is a sure fire way to escalate things.

    If they didn't use and attorney then he should be able to call a divorce attorney and get the answer in a free consultation.
    I had heard the same that they would have had to be married for 10 years or more in order for the ex to be entitled to a portion of retirement pay.
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    #7
    I believe they have to have been married at least 10 years for her to get anything.
    That isn't true. The 10/10 rule just means DFAS will automatically deposit her funds into her account. States can and many times do award a portion of retirement pay to those married under 10 years.

    ETA...I am finding conflicting info. I personally know someone who was married right under 9 years and was awarded a portion. From reading, I found things that said they had to be married 10 years, and others that said it didn't matter how long. Color me confused.
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    #8
    Quote Originally Posted by Beach View Post
    That isn't true. The 10/10 rule just means DFAS will automatically deposit her funds into her account. States can and many times do award a portion of retirement pay to those married under 10 years.

    ETA...I am finding conflicting info. I personally know someone who was married right under 9 years and was awarded a portion. From reading, I found things that said they had to be married 10 years, and others that said it didn't matter how long. Color me confused.
    I think it depends on the state rules. From what I have read there is no federal ruling on it. Since they are already divorced she will have a much harder time. She has already settled and accepted terms so why change now? Greed.
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    As others have stated this would fall under state jurisdiction and each state look at it differently.

    I would think that if the divorce is final and they have a decree, that she won't be able to go back and something more.
    Once again I urge him to speak to his attorney about it.
    http://militarysos.com/forum/image.php?type=sigpic&userid=8121&dateline=1213248817 TAKEN AT NISQUALLY WILDLIFE PRESERVE
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    #10
    Sounds to me like she could have been entitled to a piece of it, but since that wasn't in the decree, she's SOL.

    I'd be entitled to 50% of the equity in our home if I divorced, but if I signed an agreement that didn't include that, then it would all belong to him.

    But yes, have him confirm with his lawyer.
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