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Recent USFSPA questions

I need clarification of a paragraph in my final divorce

I need clarification of a paragraph in my final divorce decree 1995. i tried to get it worded correctly but can't tell if it hurts or helps me. I can email the whole contract (3 Pages) last page only signatures. here is is:11. The court shall reserve jurisdiction over the issue of themilitary retirement to adjust the tentative percentage set forth aboveso that the respondent bears none of the cost of SBP for the petitioner and to fix the actual amount of divisible retirement income based on any disability that the respondent might receive upon or after his actual retirement. She elected the Gillmore option and receives 696.94 and has been since 1994. I have just been appoved for CRSC and I am a 100% combat disabled vet served 1972-1997. Can she still collect. I am collecting CRSC, VA benefits, and social security and she is well to do. She moved out of the house while I was fighting Desert Storm.

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P. Simmons

Attorney

Doctoral Degree

37,758 satisfied customers
Question about VA disability and divorce. I'm familiar with

Hi, question about VA disability and divorce. I'm familiar with the USFSPA and I realize his VA disability cannot be divided as an asset when settling community property. I believe that the USFSPA generally refers to awarding a portion of future benefits to the spouse. However my contention in this divorce is that I'm entitled to a portion of his retroactive payment. We were married for almost 20 years. He served 8 years in the military. He was awarded back pay for 4 years totaling approximately $100k, $75k after attorney fees. The retroactive payment covered a time when we were married however the decision and payment occurred while we were separated but divorce was not final. So, although I'm not asking for a portion of his future disability payments or any alimony, it seems reasonable and just that I would be entitled to half the retroactive payment just as I'm responsible for half the debt in the marriage-particularly those 4 years when he had no income but was later paid by the VA. Do you know of any court rulings regarding this particular issue-receiving portion of retroactive VA disability payment for a time when we were married?

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P. Simmons

Attorney

Doctoral Degree

37,758 satisfied customers
My husband is in the National Guard. He had been deployed

My husband is in the National Guard. He had been deployed once during the time we were married. We are in the process of a divorce. We will have been married 7 years on April 2nd of this year. Can you tell me if I am entitled to a portion of his military retirement?JA: Are you overseas or stateside?Customer: MassachusettsJA: Have you talked to anyone in the chain of command about this?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: A little background would be that my husband left us at Christmas and is now living with another woman. I am now 8 months pregnant and with a 3 year old. I would be nice to know of any other benefits that might be available to us. thank you

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Marsha411JD

Doctoral Degree

19,598 satisfied customers
I was divorced in Georgia and my former spouse was awarded

I was divorced in Georgia and my former spouse was awarded 25% of my retirement income. A few years later I married an active duty member and we have been married for more than ten years. We are both retired and our now seeking divorce. She is an O-4 and I am an E-7. I was told I can seek 50% of her retirement while she is limited to only 25% of mine since I am already loosing 25% in my first settlement. Is this true and if so what laws or regulations govern this decision? I have read the USFSPA and did not find any language addressing this circumstance.JA: Have you talked to anyone in the chain of command about this?Customer: We are both retired.JA: Anything else you want the lawyer to know before I connect you?Customer: Like?

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P. Simmons

Attorney

Doctoral Degree

37,758 satisfied customers
I receive marital asset/community property from the

I receive marital asset/community property from the retirement of a former military spouse. I am about to divorce again and am wondering if this military pay will be considered as marital asset/community property in this divorce?

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Ely

Counselor at Law

Juris Doctor

68,620 satisfied customers
I am in the process of getting a divorce. I am retired AF 20

I am in the process of getting a divorce. I am retired AF 20 years. Assuming my spouse gets 50% of my military pension, if she passes away before I do will I get her 50% back to me, does it go to her estate, or is it just lost permanently? Thank you! Jeff

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Marsha411JD

Doctoral Degree

19,598 satisfied customers
Divorce decree states wife shall be entitled to ALL rights

Divorce decree states wife shall be entitled to ALL rights and priveleges under USFSPA. Does this mean she can come after my retirement at any time if no specific amount or percentage is stated. We agreed only for commissary, BX, and medical under 20-20-20. Thanks

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,440 satisfied customers
Subject divorce and military retired pay in DoD 7000.14-R

Subject divorce and military retired payin DoD 7000.14-R Volume 7B, Chapter 29 paragraphs 290211, 290213, 290608, 290607; how does one determine if the formula award, 290211 or the hypothetical award, 290213 is the correct formula?

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P. Simmons

Attorney

Doctoral Degree

37,758 satisfied customers
My husband is a retired lieutenant colonel when the US Army

My husband is a retired lieutenant colonel when the US Army Reserve 30 years he fileD for divorce without me knowing it May 1st 2015 and has not paid any spousal support and been on a financial destruction rampage and filed a fake bankruptcy so I am a teacher and had been psying the majority of the billsIhave an objection to this bk 13 filing. I really believe this is all based on a mental illness he has many physical elements + PTSDAnyway I need to protect myself I did everything I was supposed to doI went to the court i was awarding order temporary spousal support among other and my husband did not abide by it allI had to get an order to enforce and on the day of the hearing there was a big clerical error by the judges clerk that made me lose my temporary spousal support in other words we all had the paperwork and we knew what we were there for the order to enforce or my husband would be incarcerated but the judge had before her an RMC conference and with my attorney being young and inexperienced didn't fight for me so she ended up giving my husband another 45 days the judgr did and I am at my wits end because I've had no money no support no bills paid since May of 2015 X 10 months so anything the var retired military reserve can do to my husband to get him to pay me at least some support temporarily we have not divorced because that bankruptcy that he put on on me has Natick stay I have never seen him like this before in my life so I reached out to ther attorneys but I'm wondering if the military can help me out ? With getting Him to pay it's like conduct unbecoming to a retired lieutenant colonel

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