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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33104
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was married yrs with 11 yrs in the military at the

Customer Question

I was married for 8 yrs with 11 yrs in the military at the time of divorce in 1994 with the rank of E6; completed 32 yrs of total service and the court in Ks trying to award my former spouse a portion of my retirement using the formular of 16 yrs of service and 8 yrs of marriage at todays pay scale as an E6 in the state of Kansas. How can this be right especially I was remarried in 1996 and wasn't retirement elgible?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am very sorry to be the one to bear bad news.
The court can absolutely do this.
The court can absolutely do this. The reason is found in title X US code section 1408.
This federal law allows a divorce court to consider your military pension and divide it, as property, as part of a divorce proceeding.
What you described being is quite common; that is, it is common for a court to wait till the member retires before they calculate the percentage available to the former spouse.
The best thing you can do, by far, is to retain counsel to assist you in this process. You want to attempt to reduce the amount of your pension your former spouse will receive. A competent attorney can assist you with that.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that the court can not do this but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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