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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18809
Experience:  Lawyer and current JAG officer.
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I was married with an ex military for 15 years when we got

Customer Question

I was married with an ex military for 15 years when we got divorced. He retired from service on 2002. HOw can I get half of his military pension? He is now in the Philippines.
JA: Are you overseas or stateside?
Customer: I am here in San Diego, california
JA: Have you talked to anyone in the chain of command about this?
Customer: I did but they could not help since I got divorced on year 2002.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes. I am receiving spouse support or alimony of $150.00
Submitted: 2 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 2 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

There is, unfortunately, a common misconception that having been married for a specific period of time entitles a former spouse to a portion of military retirement. That is actually not true. All the law does is grant state courts the right to divide military retirement during a divorce if they feel it is appropriate.

If you were going to obtain a right to any portion of the military retirement, that would have happened during the divorce itself, in 2002. The only way you could obtain any portion of the retirement now is to try and reopen the divorce so that a court can issue an order dividing the retirement. The problem is that the divorce has been closed a very long time. You'd have to establish some sort of fraud committed against you during the divorce as a means to get it reopened.

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