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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19169
Experience:  Lawyer and current JAG officer.
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Is it to late to file USFSPA?We were married in 1986, d

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Is it to late for me to file for the USFSPA?
We were married in 1986, divorced in 1999. He was in the military the entire time, in fact he retired in 2003. I remarried in 2004 and I thought that since I got remarried I could no longer file for his retirement benefits. I see that is not true
Submitted: 2 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 2 years ago.
Hello, my name is ***** ***** I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.
The USFSPA is not something that you file for after the divorce. It actually is a statute that gives the divorce court, at the time that you are divorced, the right to divide military retirement.
For you to have any rights in the retirement here, your divorce decree from 1999 would have had to specifically state that you had a right to a percentage or portion of the military retirement. If it does not say that, you don't presently have any rights to his retirement.
You'd have to reopen your 16 year closed divorce to have the court reconsider it and issue a different divorce decree. This is very hard to do, unless you can show some sort of fraud committed by your ex-husband or his attorney during your divorce which caused you and/or the court at that time not to consider dividing military retirement back then.

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