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Robert, Attorney
Category: Family Law
Satisfied Customers: 1412
Experience:  I am a licensed Attorney.
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I Have aquestion about military pensions. My now wife and i

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I Have aquestion about military pensions. My now wife and i may be going through a

She started getting a military from her previous marrage a couple years after we got married.

She states that this is hers from a previous marrage. and cannot be included if we get a divorce.

The money is deposited monthly into a savings account. My name is XXXXX XXXXX savings account.

Can this be included as material property?
We live in ohio
You typed, "She started getting a military from her previous..."

She started getting a military what?

Once I have more information I will be glad to help.
Customer: replied 4 years ago.

Hi Robert

She started getting millitary pension from her previous marrage. Her x was the person in the military

Hi Don:

Just to clarify, she is receiving a portion of her ex-husband's military pension pursuant to her divorce decree for that marriage?
Customer: replied 4 years ago.

Yes that is correct

Thank you for your follow-up.

Unfortunately, since her right to such payments will be said to have accrued at the time of the divorce decree for that marriage was issued such property will be considered separate property and not subject to distribution in the current divorce action. Property acquired before marriage is separate property and not subject to distribution.

I realize this was probably not the answer you were hoping for but it is the answer I must provide. I hope it has helped your understanding of the situation. Please let me know if you need further clarification.

Thank you and I wish you all the best.
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