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Related Military Law Questions
My husband's divorce was finalized on 26 Sep 02. In the divorce settlement, it was m
My husband's divorce was finalized on 26 Sep 02. In the divorce settlement, it was mandated he provide SBP to his ex-wife. She and her lawyer did not do a "deemed election" to DFAS until Oct 04. When … read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 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
My 12-year old divorce decree and incorporated property settlement
My 12-year old divorce decree and incorporated property settlement stipulates that my share of my ex-husband's military retirement is determined by the formula "number of years married while service m… 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
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
24,197 satisfied customers
Divorced in 2004 in south carolina, since I been promoted and will now retire milita
Divorced in 2004 in south carolina, since I been promoted and will now retire "military" this year, will most likely get Disability, my decree states disability will be 50 percent to spouse to include… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 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
17,621 satisfied customers
I was married to my ex husband for 7 1/2 years. He was in
I was married to my ex husband for 7 1/2 years. He was in the Army full time for almost 5 of those 7 1/2 years. Since our divorce he has been active duty Army National Guard the majority of which as a… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 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
to obtain my part of retirement pay on divorce what law does
to obtain my part of retirement pay on divorce what law does lawyer have to draw up or what does divorce decree have to read!!! lawyers her are not familar with military retirement during divorce i wa… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
I am divorced in aug. 2009, I was married 20 plus years while
I am divorced in aug. 2009, I was married 20 plus years while he was in the Army. I receive 46% retirement pay. my divorce decree states as follow.....The wife shall receive any and all survivorship b… 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 retired army; ( 20 yrs in service) retired
My husband is a retired army; ( 20 yrs in service) retired in 1998. I am married to him for more than 27 years, but separated for 4 years now. We have 18 year old daughter and graduating in high schoo… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
According to the divorce decree I must pay my ex-wife 120 months
According to the divorce decree I must pay my ex-wife 120 months of my military retirement according to the Woodward Formula. I came in to the service in 1985. I married in 1995 and divorce in 2005. I… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
I was divorced in 1995 at age 50, and my former wife submitted
I was divorced in 1995 at age 50, and my former wife submitted a QDRO through her lawyer to DFAS. A year and a half ago she asked me about her benefits. I told her she had to work through DFAS and eve… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
I am currently going through a divorce. My current wife or
I am currently going through a divorce. My current wife or ex-wife is asking for support (we do not have children together) and/or alimony we both work full time and she is also seeking part of my mil… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 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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