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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26644
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My husband just served me with divorce papers. We have been

Resolved Question:

My husband just served me with divorce papers. We have been married for over 20 years. My husband recently retired from the military so his income consists of military retirement pay, partial disability from military pay and he is currently working as a civilian for the government on base. I am ready to contest his divorce decree because it doesn't give me enough money to live off of. I am an elementary teacher living on a modest income and I have my youngest child who is 18 living with me and she is going to college. He is currently paying me 1400.00 a month which is half of his retirement $800.00 plus some extra to make the house payment that he co-signed for. In the divorce decree he wants to give me the which is only 3 years old and not worth what we had paid for, a 2002 hyndai car that is paid off and half of his retirement. He committed adultery and he is currently living with the woman he cheated with. Can I get alimony from him so that I can have enough money to live on my own?
Submitted: 5 years ago.
Category: Military Law
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to assist

First, here is some information on the pension

Most of the pension protections for military ex-spouses were established through the Uniformed Services Former Spouses Protection Act of 1982 (USFSPA). This law was passed to overrule a United States Supreme Court 1981 case, McCarty v. McCarty, holding that military retired pay could not be treated as marital property in divorce. USFSPA allows a state divorce court to award a share of a member's pay as marital property.

USFSPA generally permits, but does not require, a state court to award a share of retired pay. The treatment of military retired pay differs from state to state. In most community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), a portion of the military spouse's retired pay will be considered the property of both spouses, and the non-military spouse will be entitled to one-half of that portion. The portion will generally be based on the number of years of marriage during which the retired pay was earned, divided by the total years of service. If the spouses were married for at least ten years while the member was on active duty, the non-military spouse will qualify for direct enforcement, which means that his or her portion of the retired pay will be paid to him or her directly by the military finance office.

Most non-community property states will award a portion of the retired pay to the non-military spouse. A few states treat military retired pay as the property only of the military person. But usually in those states, the judge must consider the retired pay received by the military spouse when setting the amount of alimony.

What the USFSPA actually states is that the Defense Finance and Accounting Service (DFAS) will pay directly the former spouse's share of the military retirement if there were at least 10 years of marriage overlapping 10 years of creditable military service (the 10/10 rule).

If the former spouse satisfies the 10/10 rule, the spouse can apply for direct payment from DFAS of his/her portion from the division of military retirement (if Army, Navy, Air Force or Marines), at:

ATTN: DFAS-CL-GAG
Assistant General Counsel for Garnishment Operations
Defense Finance and Accounting Service - Cleveland Center
PO Box 998002
Cleveland, OhioNNN-NN-NNNN


Also, not covered above, if you have at least 20 years of marriage AND the 20 years overlaps with 20 years of active duty service, then you qualify for commissary/exchange benefits and TRICARE coverage.

If you have 15 years overlap, you will qualify for 3 years of TRICARE


As for alimony...that will be up to the court. The court will take into account all evidence in determining if to provide spousal support. Each case is different and you need to work with a local attorney to determine if you will qualify. Here is an example of what the NV court has looked at in the past to determine if alimony was proper

http://www.willicklawgroup.com/get_file/id=320

Make sure you find an attorney with experience in military law...you can start that search here

www.martindale.com

As for price? I suspect that price will be all over the board...talk to several and pick one that will fight for you



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.















P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26644
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and 5 other Military Law Specialists are ready to help you
Customer: replied 5 years ago.

Thank you very much for your assistance. God Bless you.

Cindy Blake

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