I was not yet retired when my ex-wife divorced me. I was away on a trip to find out that she filed for a divorce. The court awarded her 26.48% of my military retirement. I have been married for over 32 years to my present wife. Recently I had a 5 way bypass surgery to find out that my ex wife filed a change of military records application to put her on the SB package instead of my present wife. Is this possible, how do I fight this. I have been paying her $650/Month since I retired. She has since than been married and had a divorce. She is currently also collecting on my social security which is largely based on the income I have been making since I retired. Where do i stand and when does this ever stop.
State/Country relating to question: California
Just received the notification from the AF
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What was the duration (in years) of your marriage to your first wife?
When you mention the records change, do you suspect fraud/forgery by her?
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MORE INFORMATION NEEDED......Exactly and specifically what does your divorce judgment say regarding the division of your entitlement to military retired pay. And, further, exactly and specifically what does it say -- if anything -- regarding treating of a surviving former spouse annuity? Specifically, does it say anything about your being required to elect SBP coverage for your (now-former) spouse?
I was married to my first wife just over 10 years. The divorce decree specified that should I retire, that she would be entitled to 26.48%. It does not say that I should have to buy SBP coverage for her. My ex has remarried and divorced since that time.
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QUESTION: "Where do i stand and when does this ever stop."
ANSWER: First of all, please allow me to take a moment and say that I am genuinely sorry for all you have been through with this ordeal. Also, I would like to say a sincere word of thankful appreciation to you for your prior military service. Alright, here is how this works. There are, essentially, three issues, which for the sake of clarity I shall address in separate fashion. (1) Social Security: There is nothing to be done in this regard, unfortunately, meaning it is out of your hands entirely and in the hands of the government. (2) Divorce Decree: Now for some more favorable news. You are certainly not without redress here, meaning the provisions of your Final Decree stand, year after year, unless and until they are modified. Only the Court enjoys the jurisdiction and power to do so. However, this does not happen automatically, meaning it is up to you to act or nothing will change for the better. The best favor you could for yourself would be to confer with local family law counsel and explore the best approach. (3) Survivor Benefits Plan: If I may just speak candidly here, your former wife is way out of line, frankly. There can be one and only one election in this regard. Furthermore, current spouse coverage is the default option. The law actually requires written notice to be provided to a current spouse when an election is made in favor of the former spouse. And, that "election", meaning choice, is rightly made by you. It is an annuity, and the law simply does not support conduct by your former wife such as you have mentioned. It is just way wrong for your former spouse to be acting in the manner you have described, period. Again, I would urge you to meet with a competent lawyer and be sure to mention this aspect of the case to him or her at that time.
I truly hope all works out for you.
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