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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Military Law
Satisfied Customers: 17206
Experience:  B.A.; M.B.A.; J.D.
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My ex husband is wanting to put the date of separation in

Customer Question

My ex husband is wanting to put the date of separation in the Division of the military pension. He is a reservist. Married 17 yrs. Divorce took 2 yrs. We do have kids, which I have full custody of, and take care o when he is at reserves. Is there any "rule" that states that the "points earned during marriage" is defined by date of marriage to date of decree?
JA: OK. The Military Lawyer will need to help you with this. Have you talked to a lawyer yet?
Customer: Mine quit after the decree was finalized. Then the military QDRO came back needing the points incorporated. My ex has an attorney, I don't, and really can't afford one.
JA: Anything else you think the lawyer should know?
Customer: Not that I can think of.
Submitted: 3 months ago.
Category: Military Law
Expert:  Phillips Esq. replied 3 months ago.

Uniformed Services Former Spouse Protection Act ("USFSPA") gives States permission to follow their own laws when dividing military pensions. So, "points earned during the marriage" definition would be based on your State Law. If you can give me the name of your State, I will check to see if there is any specific definition. If there is not, the general rule would control, which would be the date of marriage to the date of divorce.

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