Military Law

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Related Military Law Questions
Do all military pension divisions done in divorce court have
do all military pension divisions done in divorce court have to be sent in and approved by dfas and follow their rules and regulations in 10 usc 1408? what about military retirement pensions divided i… read more
Robert L
Robert L
Deputy General Counsel
Juris Doctor
4,478 satisfied customers
Dear Sir - I am in need of a clarifying order because my initial
Dear Sir - I am in need of a clarifying order because my initial QDRO does not provide clear information to the military payment center for me to receive a portion of my ex-spouse's military retiremen… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
MSA states "Wifes one-half interest in the community property
MSA states "Wife's one-half interest in the community property portion of husband's retirement/pension benefits through the United States Air Force based on date of enlistment, date of marriage, & dat… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
What are the "magic words" to award the SBP to a former spouse
What are the "magic words" to award the SBP to a former spouse in a QDRO? At the time of divorce I was not eligible to participate in RCSBP. The divorce decree does not establish SBP coverage, but the… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
2,336 satisfied customers
God Morning Sir, Im still confused. I am a retired Lt Col.,
God Morning Sir, I'm still confused. I am a retired Lt Col., divorced and my wife receives a portion of my ret pay via QDRO. I deduct the amount sent to her from my Fed taxes as alimony. Just informed… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
My exs attorney failed to mention anything about my military
My ex's attorney failed to mention anything about my military pension in the QDRO, however he did mention it in the decree. When I applied for my military pension, DFAS only wanted to see the QDRO. Ov… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
i received a percentage of my ex husbands pension do i receive
i received a percentage of my ex husbands pension do i receive the percentage of what rank he was at the time of our divorce or his rank when he retired… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
divorce judgement in 1995 giving rights to half of my exs
divorce judgement in 1995 giving rights to half of my ex's military pension but it did not provide an exact dollar amount just stated 50%. He was active duty at the time. He retired in 2009 and as tim… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
hi, my question is regarding division of retirement pay following
hi, my question is regarding division of retirement pay following a divorce. divorced in 1999, divorce decree outlines retirement division as she would receive approx 90k at a 45\55% split, that amoun… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
6,019 satisfied customers
I was married to a military person for 11 years and divorced
I was married to a military person for 11 years and divorced in 1986. My husband went on to retire after aprox 27 years. We divorced in the State of Georgia. At the time, I requested 1/3 of the milita… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
6,019 satisfied customers
I am retired navy and aBout 1-2 months aways from a final divorce,
I am retired navy and aBout 1-2 months aways from a final divorce, we married for my entire career can i continue the survivors benefit for her even though we will be divorced, next I am 60 PER CENT d… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
Im the former spouse of a retired army officer. Im receiving
I'm the former spouse of a retired army officer. I'm receiving part of his military pension. The amount that I receive fluctuates every so many months. Why is this the case and how do I find out what … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
DFAS is over garnishing my retirement pay (O-5 with 22 years,
DFAS is over garnishing my retirement pay (O-5 with 22 years, 7 months or 271 months). "Commencing on the date of Husband's military retirement, as a division of marital property, Husband shall pay Wi… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
10 years after my divorce degree is final my former spouse
10 years after my divorce degree is final my former spouse has retained a ‘military pension consultant'. That consultant points out my attorneys incorrectly used an active duty formula award expressed… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
AS PART OF MY DIVORCE SETTLEMENT I WAS TO GET HALF OF MY EX
AS PART OF MY DIVORCE SETTLEMENT I WAS TO GET HALF OF MY EX SPOUSE'S GUARD PENSION. THIS WAS NOT ALIMONY BUT PART OF THE SETTLEMENT. HE HAS SINCE RETIRED APPROXIMATELY 1 1/2 YEARS AGO AND I HAVE YET T… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
I retired from the Air Force in 1994. In 1995 my wife and
I retired from the Air Force in 1994. In 1995 my wife and I were divorced. She has been receiving half of my pension as income. She remarried a few years ago. Is she still entitled to the pension?… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
My husband and I divorced in 1998. We were married seven years.
My husband and I divorced in 1998. We were married seven years. I had it stipulated in the decrea that I get a portion of his retirement which should be distributed according to a QDRO to be prepared … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
Is Veterans Compensation for disability that is military service
Is Veterans Compensation for disability that is military service connected exempt from inclusion as income when figuring totaol income in a divorce according to federal laws or statutes, if so what ar… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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