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I divorced my husband 4 years ago and only took 38% of his

I divorced my husband 4...

I divorced my husband 4 years ago and only took 38% of his retired 20 years service. Dont ask me why, just wanted to make things go smoothly. I didn't have a lawyer that was familiar with the military-my second mistake. Well, now I am having trouble with my finances and want to know if there is any way I could get my 50% instead of 38%. I don't even know what he is making now. He was a CW4 with 20 years service. Help me with an answer. Thank you, ***** *****

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12/4/2014
jaccorps_esq
jaccorps_esq, Arbitrator
Category: Family Law
Satisfied Customers: 19,374
Experience: Civilian and military practice area
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Hello, my name is ***** ***** I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.
Ok. The problem with getting the court to raise it up to 50% is that the law doesn't actually entitle you to any portion of his military retirement.
So, you wouldn't be able to go back to the court to say "I was supposed to get 50%" because that is not what the law states. All the spousal protection act does is grant the state court the right, not the obligation, to grant a portion of military retirement as part of a divorce decree. It is not automatic and neither is any specified percentage.
Unfortunately, your arguments for wanting to change that percentage now aren't legally helpful. Your financial situation isn't the basis for a division of the retirement....it is a division of the assets at the time of the divorce. This is particularly true if your financial issues are recent. Additional, the fact that you didn't have a lawyer doesn't help you unless you can show that your ex-husband's lawyer or your ex-husband committed some sort of fraud. Instead, you stated that you just wanted things to go smoothly, so you gave up on getting more. That is, unfortunately, a legal and valid compromise...accepting less for a more smooth process. The court would consider that a calculated decision on your part.
I'm sorry, but on these facts I just don't see a court reopening a closed divorce to make a change in the percentage here.
jaccorps_esq
jaccorps_esq, Arbitrator
Category: Family Law
Satisfied Customers: 19,374
Experience: Civilian and military practice area
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