Military Law

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Related Military Law Questions
I was denied SBP since I did not meet the 10-10 rule.
I was denied SBP since I did not meet the 10-10 rule. However, I have a court order stating that I am entitled to my ex-husbands military pay. I would have to submit a "deem election" form within one … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
While I was in the Military, I got married to a foreign
While I was in the Military, I got married to a foreign national in Kuwait, in a Kuwaiti Islamic Court. (Both parties are Muslim). She was doing her residency in Canada. Before my retirement, I enroll… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
How to appeal a DFAS SBP decision? Background: Navy Reserve
How to appeal a DFAS SBP decision? Background: Navy Reserve O-6 retired 2000, divorced 2018. Calif Court DRO reduced SBP death benefit for ex-wife to same as her retirement pay share ($271) and DFAS a… read more
Judge Bill K ret.
Judge Bill K ret.
retired
Doctoral Degree
4,959 satisfied customers
I was married on March 20, 1970 and divorced on December 30,
I was married on March 20, 1970 and divorced on December 30, 1988. At the time of divorce we did not know to request garnishment of my pay and of subsequent retirement pension for my ex-wife. I would … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
Recently, I had to file a law suit against my attorney, for
Recently, I had to file a law suit against my attorney, for failure to inform me about the deemed election on the SBP, failure to put it on the divorce, failure to make sure the divorce papers were si… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
6,019 satisfied customers
I just found out that DFAS will not be paying out , my SBP,
I just found out that DFAS will not be paying out , my SBP, I did not know anything about this one year thing. During the time of the divorce, my ex-husband was having an affair with someone else, who… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
6,019 satisfied customers
How can I find out if my former, retired military spouse has
How can I find out if my former, retired military spouse has paid up COURT-ORDERED SURVIVOR BENEFIT PLAN (SBP) , or if not paid up, when will it be paid up. I have no idea of his whereabouts or addres… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
Does a final decree/judgement for divorce (state of CA) have to specifically detail an SBP
Does a final decree/judgement for divorce (state of CA) have to specifically detail an SBP provision (in addition to the military retirement award), or can it state, in general terms that any life ins… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
6,019 satisfied customers
I was divorced 7 years ago in Ohio. I was in the Army for 20
I was divorced 7 years ago in Ohio. I was in the Army for 20 years, my wife divorced me right after I retired. We were married the entire 20 years I was in the Army. In the divorce decree she was awar… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
6,019 satisfied customers
I am divorced. The divorce settlement calls for my ex spouse
I am divorced. The divorce settlement calls for my ex spouse to receive one half of my monthly Navy retirement benefits. She has not been declaring this as alimony on her tax return because she says s… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
2,336 satisfied customers
I am retired and in the process of finalizing my divorce settlement.
I am retired and in the process of finalizing my divorce settlement. Her lawyer has asked if there is a "disability waiver". Assuming that they mean am I receiving concurrent disability pay, or is the… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
6,019 satisfied customers
What happens if after a divorce from a retired military officer
What happens if after a divorce from a retired military officer if no one submits information to DFAS and a year passes. Does ex-spouse loose her SBP?.… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
My divorce was final 14 Feb 2002 in Nevada. I was awarded
My divorce was final 14 Feb 2002 in Nevada. I was awarded 25% of his retirement pay and SBP. My exhusband and myself were responsible for paying half of the monthly premium which is defined in our fin… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
My ex spouse was in the Army during our entire 12 years of
My ex spouse was in the Army during our entire 12 years of marriage. (We were married prior to his service). We got divorce in Colorado in 2007 and he remarried two weeks later to a soldier he had an … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
6,019 satisfied customers
How is reserve military pay calculated as property in a divorce.
How is reserve military pay calculated as property in a divorce. I was divorced in Ark in April '96 at which time I had served 20yrs in the US Army Reserves/Natl Guard. The divorce decree stated that … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
6,019 satisfied customers
Can the administrative failure of a retired Marine officer
Can the administrative failure of a retired Marine officer to advise DFAS that he has become divorced and that a court order provides award of SBP to the former spouse be corrected administratively wi… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
a few days ago i asked some questions that required some research .
a few days ago i asked some questions that required "some research". still have not heard back. i am a ret army col and recently divorced (8 aug 08). question: 1. do i have to continue to pay sbp to m… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
My name is Wilburn L. Garrett,I retired ist of march,1991.
My name isXXXXX retired ist of march,1991. SGT/e-5. My former spouse is drawing 38% of my retirement. My question is should she being receiving it after she re-married, I talked to a retired CSM the o… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
6,019 satisfied customers

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Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

17,621 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

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JAG experience

Marsha411JD

Marsha411JD

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Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

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rcampione

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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