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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I was married for 10 yrs and 1 day. My exhusband retired from

Customer Question

I was married for 10 yrs and 1 day. My exhusband retired from the U.S.
Army after 30 yrs. No mention was made in my divorce decree regarding my entitlement to some of his retirement. We have been divorced for 34 yrs. He remarried one yr after our divorce and is still married. What recourse do I have since the retirement was not addressed in the divorce decree? Can I ever be entitled to some of his govt. retirement? I never remarried. I am 65 and he is 66 yrs old. A response will be greatly appreciated.
Addie, TX
Submitted: 5 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 5 years ago.

 

Hi, and Welcome to JustAnswer, My name is Andrea, I am a licensed, practicing Attorney, I have 25 years experience and would be glad to help

The attorneys on JustAnswer are glad to answer questions and give information, but JustAnswer is not a law firm, so we cannot take on client representation and no attorney-client relationship is formed.

 




Q. Which property was the subject of division during your divorce proceedings ?

Q. Why wasn't mlitary retirement pay addressed during division of the community property ?


Thank you
Customer: replied 5 years ago.

He sold the house, I received $1000 from my ex. I was in an abusive marriage and feared for my life and my children. I left my home and stayed at my parent's home until after the divorce. He kept all the furnishings and one auto. I only kept the other auto and a ring. I continued payments for the car and jewelry. Child support was set at $145 monthly.

 

I believe that my attorney was not very competent. My ex's retirement was never discussed by either my atty or myself. Ofcourse, my ex had not yet retired at the time of our divorce and I was so naive that I never questioned what my atty was doing during my divorce. At that time I didn't even know about being entitled to some of his retirement if married for 10 yrs or more.

Customer: replied 5 years ago.

He sold the house, I received $1000 from my ex. I was in an abusive marriage and feared for my life and my children. I left my home and stayed at my parent's home until after the divorce. He kept all the furnishings and one auto. I only kept the other auto and a ring. I continued payments for the car and jewelry. Child support was set at $145 monthly.

 

I believe that my attorney was not very competent. My ex's retirement was never discussed by either my atty or myself. Ofcourse, my ex had not yet retired at the time of our divorce and I was so naive that I never questioned what my atty was doing during my divorce. At that time I didn't even know about being entitled to some of his retirement if married for 10 yrs or more.

Expert:  Andrea, Esq. replied 5 years ago.
Thank you for your additional information.

Since the attorney who represented you 34 years ago passed away 20 years ago, there is not too much you can do by filing a claim against his estate because it is too late for that.

The most that you can do, and there is no guarantee that anything will come of it, is to contact the division in which your husband was in and tell them you are making a claim against his retirement as his former wife.


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