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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13674
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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In November, my former spouse will be retiring from the national

Customer Question

In November, my former spouse will be retiring from the national guard. We have a stipulation and order for division of respondent's army national guard retirement benefits.
We were married 10/16/82, separated 9/6/05, and dissolution of marriage on 5/31/07.
While married thru separation, he did 2 full time years Army, and discharged 1984. Then joined the national guard in 1985 and did 1 full year and the rest were just drill weekends etc.
I do not understand how to calculate how the court divided the retirement.
"Petitioner and Respondent were married for a portion of the Respondent's military service. The former souse is awarded a percentage of the member's disposable military retired pay, to be computed by multiplying 50% time a fraction. The numerator of which is 2256 reserve retirement points earned during the marriage, and the denomintor is the member's total number of reserve retirement points earned".
my calculation comes out to about .34%, but it must be 34%. I don't know. Can you figure it out?
Also, we divorcing, my ex, threatened me not to touch his military retirement. Well, he got have of my retirement. Should I be concerned?
Submitted: 6 months ago.
Category: Military Law
Expert:  P. Simmons replied 6 months ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen. Happy to work with you on this...I will send the offer for additional services.
Customer: replied 6 months ago.
I prefer texting
Expert:  P. Simmons replied 6 months ago.
Well...I will need more information...How many points did he accumulate in his career?
Customer: replied 6 months ago.
My best estimate is 3256.
Expert:  P. Simmons replied 6 months ago.
SO what is your question? Are you asking if you can somehow force DFAS to pay you based on an estimate?
Customer: replied 6 months ago.
no. I want to know what percentage I'm getting. Lol they said he's retiring on his 60th birthday this November
Expert:  P. Simmons replied 6 months ago.
Thanks...I will opt out and let someone else help you...not willing to get into this type of detail with text.No need to respond. If someone else can assist they will respond here. I wish you the best.

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