I was divorced in 1983 when Federal retirment was not an asset that could be included in the divorce decree. Since the change in retirement benefits it is now a declarable asset. According to OPM I must secure a lawyer to open a case to get my appropriate portion. My ex-husband is deceased so he could not assist and even if her were alive he would not help. Can you direct me to the correct type of lawyer for this type of action?
State/Country relating to question: Oklahoma
I have contacted OPM and received a letter stating that I would need a lawyer for this issue.
Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.You can't obtain part of his retirement.When a retiree dies, the military retirement dies with him. The only way to have that military retirement extended beyond his life is to have the court order that you be the beneficiary of the SBP program. That can only be entered into while the retiree is alive and in an open enrollment period.This is because the SBP is really just an insurance annuity and you can't obtain insurance on someone after their death.Regrettably, your opportunity to obtain any portion of his retirement or to be named the beneficiary of the SBP has passed.
I am sorry, I was not totally clear. I understand that the miliatry portion died with him, but he went on as a federal employee and retired from the FAA. Am I still out of luck?
The problem here is that you've put this into military law, and the federal aspect is not military law at all.I'll research the topic and be with you momentarily.
Was he a federal employee while you were married?
The problem that you have here is that he is dead. If you were going to have any right to this at all, it would have been issued in the divorce decree. Now, I understand that at the time of your divorce, they weren't dividing this retirement.But it has been a long time since they started doing so. If this was going to be address, it should have been addressed at any time following the right to that division coming into place (at least two decades ago) and before his death.Because he has now passed, you can't reopen the divorce because there is no opposing party any longer. The court is going to state that the time to raise an issue with a divorce decree has passed.
Lawyer and current JAG officer.
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