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
4,477 satisfied customers
I'm at a crossroads, and need your advice please. I was just
Hello, I'm at a crossroads, and need your advice please. I was just increased from 20% to 70% disability with the VA. As such, DFAS already has taken 2 steps… 1. Already temporarily adjusted my retire… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
Divorce states 50% of retirement to be paid. Application for
Divorce states 50% of retirement to be paid. Application for payment was sent and a letter from the Military lawyers was received stating the entitlement was 50% exactly. However, when the first payme… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
months after our divorce was finalized (6/1/2014),
For six months after our divorce was finalized (6/1/2014), I paid my ex-wife 39% of my military retirement pay (post-tax). After our QDRO was completed and she submitted the appropriate forms, DFAS be… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
I am retired from the Army after 23 years and live in New York.
I am retired from the Army after 23 years and live in New York. I was divorced this past May, and the separation agreement stated that I would pay my ex-wife 40.78% of my disposible military retiremen… 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
I now receive 1/2 the military retirement pay minus my ex-husbands
I now receive 1/2 the military retirement pay minus my ex-husband's 30% diability after our divorce. This agreement for me to receive 1/2 of the retirement beneifits was written in our divorcement set… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 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
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
my spouse and i have been married for eight years. will she
my spouse and i have been married for eight years. will she rate any portion of my retirement. I have eighteen years and two before retiring. We will file for divorce in SC.… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 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
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
I retired from the NYNG in Feb. 2000. My wife at the time left
I retired from the NYNG in Feb. 2000. My wife at the time left me soon after, and was awarded half my retirement pay. After 27 years of marriage, she took off with another man. She re-married prior to… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
I got married to my ex husband in 1979 we both where on Active
I got married to my ex husband in 1979 we both where on Active Duty at that time. I came off Active in 1982, joined the reserves in 1989, came back on Active Duty in 1991. My ex and I separated in 199… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
How does one deduct USFSPA payments made to a former spouse
How does one deduct USFSPA payments made to a former spouse that took place before the final divorce decree was issued and the DOD retired pay center started direct payments. I was divorced in June 20… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
In my divorce decree my ex spouse of 8 years was awarded twenty
In my divorce decree my ex spouse of 8 years was awarded twenty percent of my disposable retirement pay. What does disposable meand and also I have 10 percent disability that was in effect at the time… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
I am active duty in the navy. I am a E-6 who has 8yrs 7mos
I am active duty in the navy. I am a E-6 who has 8yrs 7mos of service. I am getting divorced after 4 years 7 months of marriage. I have NO kids from this marriage. She is asking for alimony and 12.9% … read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 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
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
I was awarded 50% of my former spouses military retirement
I was awarded 50% of my former spouses military retirement pay in our divorce. The divorce decree states that he was to pay this money to me monthly in cash until the Military Pay Order thru DFAS star… 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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