Military Law

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Related Military Law Questions
Military QDRO retirement pension question? I am retiring
Military QDRO retirement pension question? I am retiring soon and need to know some information on whether I will get in trouble for not paying my spouse retirment funds awarded to her in the divorce … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,820 satisfied customers
I was married yrs and my husband was in the army national
hi, I was married for 23 yrs and my husband was in the army national guard for the time we were married. He served approx. 26 yrs. He received a Honorable discharge with his 20 yr service letter perta… read more
Peter Griesch
Peter Griesch
264 satisfied customers
There was no division QDRO ever done in my divorce and my pension
There was no division QDRO ever done in my divorce and my pension division was listed as "in kind" in the distribution chart. A hearing on the issue was ordered and was never held. That was two years … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,063 satisfied customers
Hello,I retired from the Army Reserve from serving from 1971
Hello, I retired from the Army Reserve from serving from 1971 to 2007. I divorced in 1996 after 24 years later and continued my career after the divorce. At the time of the divorce no devision of the … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,063 satisfied customers
I was married to a marine in 1993 for 6 years and divorced
I was married to a marine in 1993 for 6 years and divorced in 1999. I later re-married a navy man, we remained married for 8 years and divorced in 2009. Am I entitled to a portion of their retirement?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,063 satisfied customers
I was divorced in 1992. I am a military officer retired. My
I was divorced in 1992. I am a military officer retired. My ex-wife of 20 years has recently filed for a portion of my military retirement benefits. Is it too late for her to do this after 20 years?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,063 satisfied customers
Is military retirement division based on the rank the active
Is military retirement division based on the rank the active duty member held at time of retirement or on the rank the member held at the time of divorce? I found a calculation from the DFAS website t… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,063 satisfied customers
Divorce was granted in 1994. Wife awarded 1/2 of military and
Divorce was granted in 1994. Wife awarded 1/2 of military and OPM retirement benefit. Wife never requested 'surviving spouse benefit' nor did this issue come up at trial. Qdro did not comply with titl… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,063 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
17,063 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
5,820 satisfied customers
Divorce Decree states that wife is to receive 38% of retirement.
Divorce Decree states that wife is to receive 38% of retirement. DFAS was supposed to add calculation to include time of service and rank once retired for the state of TX. in jan 10, the law changed a… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,063 satisfied customers
regarding USFSPA FOR DIVDING RETIRED PAY. HELLO i am
regarding USFSPA FOR DIVDING RETIRED PAY. HELLO i am divorced from a military active service member. my x had a military expert lawyer. He wrote up the retirement portion in our divorce because he sai… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,063 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
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
My divorce decree states that my ex spouse receives an unspecified
My divorce decree states that my ex spouse receives an unspecified amount or percentage of my military retirement benefits. How do I determine how much to give the the ex-spouse?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,063 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
17,063 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
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 is a LTC Army Infantry Officer divorced from ex
My husband is a LTC Army Infantry Officer divorced from ex since Sep 04. There is a Decree of Divorce but there is not a Marital Sep Agreement. It was to have been done in Oct 04 but she and her attor… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,063 satisfied customers

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Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

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Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

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Marsha411JD

Marsha411JD

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LawHelpNow

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rcampione

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JAG Defense

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CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

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Oklahoma lawyer. Over 10 years in the military.

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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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