I live in TN and my ex spouse gets 40% of my retirement. I seved 21 yrs and 11 moths of active duy. My VSO (Amvets) gave me this website. Can you help?
State/Country relating to question: Tennessee
your the first. I tried another site but it didn'take.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.Not sure I understand your question...what is it you want to know? You want to know if it is legal for a court to divide up a military pension during the divorce?
My divorce was in 2008 and I need to know if I can legally reduce her portion of my Retirement,.
Thank youShort answer: Not likely.Longer answer: Military pay is divided under Title 10 US Code Section 1408. This law allows the divorce court to divide the retirement pension as property. They treat it just like an IRA or a regular pension plan. And it is not easy, or frankly even possible in most cases to change the property settlement after the decree is issued. You can certainly hire a lawyer and ask the court (the court which issued the decree of divorce) to modify the decree. However, as I mention, if your divorce is final its difficult, if not impossible, to modify the terms of the property settlement. Typically you would need to show Fraud or intentional concealment of assets to convince the court to re-open the divorce proceedings and allow modification of the divorce decree.Now...if you have evidence she lied to the court during the proceeding, then yes, that would be grounds to go back to court and ask them to modify the property settlement. Short of that the court is not going to change it.Sorry to have to bear bad news.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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