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Married active duty spouse 7/66 Falls Church, V divorced

 
jagcorps_esq's Avatar
  • Answered by:jagcorps_esq
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Married active duty spouse 7/66 Falls Church, V

divorced active duty spouse 3/80 in Clay County Florida

No mention of this spouse receiving part of his pension.in divorce agreement

Being the 1st wife married 13 years of active duty am I eligible to apply for part of his pension?

 

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State/Country relating to question: Maine

Already Tried:
Contacting VA and Legion Commander but no one seems to have an answer

Submitted: 325 days and 22 hours ago.
Category: Military Law
Value: $30
Status: CLOSED

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Expert:  jagcorps_esq replied325 days and 22 hours ago.

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.

All the law concerning former spouses does is grant state courts the right to divide military retirement in a divorce.

Unless you have a divorce decree specifically stating that you are entitled to part of military retirement, you have no legal right to it.

So no, you can not apply for part of his pension. You would be missing the key component to demonstrating that right and that is a divorce decree outlining what you are supposed to receive.

Expert TypeLawyer
Category: Military Law
Pos. Feedback: 96.3 %
Accepts: 3439
Answered: 6/28/2012

Experience: Lawyer and current JAG officer.

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