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
1,927 satisfied customers
I was awarded 1/5th of my ex husband's retirement pay in our
I was awarded 1/5th of my ex husband's retirement pay in our divorce decree in 1993 after being married 7 years. In 2008, the yearly increases stopped and what he sends me has been the same each month… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,639 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
42,165 satisfied customers
I was marrried to my ex wife for 15.5 years of my military
I was marrried to my ex wife for 15.5 years of my military career. She was awarded 40% of my retirement. My net is $1,268. I don't think she gets 40% of my net. How is her amount calculated and how mu… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
42,165 satisfied customers
Mr. Simmons, this is Matt Morrow again I have a question pertaining
Mr. Simmons, this is Matt Morrow again I have a question pertaining to rank at time of divorce. If I get promoted to E8 does that increase the amount of % that she would get or is her amount locked in… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
42,165 satisfied customers
I am dividing military retirement pay with my ex spouse.
I am dividing military retirement pay with my ex spouse. I found this article on the USFSPA: Uniformed Services Former Spouse Protection Act (USFSPA) and Retirement Pay By LT Marc J. Soss, SC, USNR It… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,639 satisfied customers
What is the purpose of a Constituted Pension Order The divorce
What is the purpose of a Constituted Pension Order? The divorce was finalized in the state of Md May 2010. A QDRO was established to grant the ex funds from a 401k plan. Is a CPO required to get DFAS … read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 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
Attorney at Law
J.D. (Juris Doctor)
1,494 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
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
I am a retired military member. I was married to my former
I am a retired military member. I was married to my former spouse for ten years of my 20 years and 5 months of active duty. The divorce decree awarded her 50% of a marital portion of my retirement pay… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
If a spouse of a retired military person is requesting divorce,
If a spouse of a retired military person is requesting divorce, are they entitled to a portion of the retirement income? If that person should remarry later, would they lose that income?… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
I have a divorce decree that was final on November 16, 2009.
I have a divorce decree that was final on November 16, 2009. In it it states that I have to submit my DDForm 2293 within 3 months of the filing of the decree. My question is on filling out the form to… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
42,165 satisfied customers
I need to know if I can claim Military Retired pay in Arizona
I need to know if I can claim Military Retired pay in Arizona as Alimony and then deduct that from State and Federals taxes as such? Actually I've already done this and the IRS has refunded me money o… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
i got divorced in california. i had 4 years of service before
i got divorced in california. i had 4 years of service before i got married and 9years and 8 months while married. i completed my 20 years 6 months ago. the court said my ex wife gets 50% if my retire… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
I m have been divorced for 6 years now. my ex-husband is sposta
I"m have been divorced for 6 years now. my ex-husband is sposta pay me half his Navy retirment , each month. Prob is he said he got kicked out on a medical and now is getting only disabliuty and not h… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
Two Questions Question #1 Is my ex-wife eligible for
Two Questions: Question #1: Is my ex-wife eligible for any portion of my military retirement if we were married less than 10 years? I am the ex-military member. I divorced my ex-wife at the 8 year/2 m… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
My husband is now retired from 26 years in the Navy. For 15
My husband is now retired from 26 years in the Navy. For 15 of those we were married. What is the calculation for the percentage of retirement that I am entitled to and is it a guideline or a law (ie,… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
Divorced in 1984 with the degree giving ex-wife 25% interest
Divorced in 1984 with the degree giving ex-wife 25% interest in any Air Force retirement. Now trying to define in accordance with the USFSPA under the guidance pre-1991 guidlines where I get to deduct… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 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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