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LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7639
Experience:  Relax. Let's work together. Practical solutions.
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HELLO MY NAME ISXXXXX HAVE BEEN DIVORCED APPROXIMATELY

Customer Question

HELLO MY NAME ISXXXXX HAVE BEEN DIVORCED APPROXIMATELY 12 YEARS FROM A RETIRED MILITARY MAN. WE WERE MARRIED FOR 16 YEARS. IN MY DIVORCE I DID NOT ASK FOR ANYTHING IN COMPENSATION FOR RETIREMENT BUT HAVE RECENTLY RETHOUGHT THAT SITUATION AFTER TALKING WITH A FAMILY MEMBER WHO HAD SAID IN A GENERAL CONVERSATION THAT SHE BELIEVED THAT EVEN THOUGH BOTH HIM AND I HAVE REMARRIED I STILL AM ENTITLED TO SOME SORT OF RETIREMENT COMPENSATION FROM HIM GIVEN THE LENGTH OF TIME THAT WE WERE MARRIED. IS THIS SO? PLEASE EMAIL ME BACK [email protected]
Submitted: 4 years ago.
Category: Family Law
Expert:  LawHelpNow replied 4 years ago.

Hello Della,
My name isXXXXX a licensed attorney. Glad to try and help out.
Sure sorry for your predicament, truly. My heart goes out to you.
Please believe me when I say it brings me no pleasure to share the following information with you. I didn't enact the law, and personally I often disagree with various provisions, but nevertheless here's the truth. I won't do you the disservice of lying or misleading you. So, that being said, here's the truthful way the law works in such cases. Pursuant to what is known as the "20/20/20" rule, codified at 10 U.S.C. §1072(2)(F), you are not eligible.
I am truly sorry.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I hope all works out for you.
Take care,
Ben, J.D.

Customer: replied 4 years ago.

Hi Ben what is the 20/20/20 rule

Expert:  LawHelpNow replied 4 years ago.

Hi Della,


Thanks for writing back. Great to hear from you!

It's a requirement that: (1) you were married for 20 years or greater; (2) your marriage was consecutively 20 years or greater (no gaps); and (3) your spouse served a 20 year credit towards retired military pay or greater. That's where the three "20s" come into play.

Here's the actual law:

10 U.S.C. §1072(2)(F)

Kind regards,

Ben, J.D.

Expert:  LawHelpNow replied 4 years ago.
Hello Della,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.