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Under title 38 5301 and title 42 407 can the judge order it

 
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  • Answered by:psimmons
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Customer Question

Under title 38 5301 and title 42 407 can the judge order it to spouse maint. and to garnish my military ret.

 

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State/Country relating to question: Minnesota

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your the first

Submitted: 534 days and 5 hours ago.
Category: Military Law
Value: $30
Status: CLOSED

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Expert:  psimmons replied534 days and 5 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

It is 10 USC 1408 that covers retirement. And yes, the state court judge can divide military retirement under 10 USC 1408.

Title 42 has no bearing.

Title 38 applies only to Veterans benefits...not to retirement

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.8 %
Accepts: 10265
Answered: 11/30/2011

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

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Customer replied534 days and 5 hours ago.

But I retired prior to getting married and recieve 100% disability and ssdi because unemployabilityfrom the va

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Expert:  psimmons replied534 days and 5 hours ago.

Ok. Then you have a good argument that the retirement is not part of the marital estate.

But 10 USC 1408 still allows the court to divide the pension.

Customer replied534 days and 5 hours ago.

argue what

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Expert:  psimmons replied534 days and 5 hours ago.

To the court to not provide part of the military retirement

 
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