Under title 38 5301 and title 42 407 can the judge order it to spouse maint. and to garnish my military ret.
State/Country relating to question: Minnesota
your the first
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
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
But I retired prior to getting married and recieve 100% disability and ssdi because unemployabilityfrom the va
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.
To the court to not provide part of the military retirement
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