Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law

I am a grey area reservist retiree i'm 52 was in military for

Customer Question
29 years - retired as...
I am a grey area reservist retiree i'm 52 was in military for 29 years - retired as Major with approx 4650 points. and married for 27 years. I was in the Military prior to getting married. I divorced and I'm am thinking about going back in the army reserve or national guard. If i get get more points or even get a promotion- get out again and then say I get some VA disabilty . I am trying to word the divorce decree spliting my Military Retirement so that he doesn't benifit from me getting more points but I also want his amount to be minus 50% of any VA disability I may get.
Is it possible to write it that there is only a max $ but that minus 50% VA disabilty, so he doesn't benifit with any additonal points.
Submitted: 2 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 7 hours by:
5/20/2015
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14,776
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
This depends. Is he in agreement with this? He is willing to take less of the pension if you get va disability?
Ask Your Own Military Law Question
Customer reply replied 2 years ago
VA disability does Not have to be shared....You clearly don't understand my question fully....
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago
Actually, not true. Take a like at Rose v Rose
481 U.S. 619 (1987)
That holds the courts ability to consider va compensation in a divorce
Would you like to chat on the phone about this...
Ask Your Own Military Law Question
Customer reply replied 2 years ago
In Oregon VA disability is not considered income....
Customer reply replied 2 years ago
as in a Divorce...
Customer reply replied 2 years ago
The question was really more with the additional points so that he did not benifit from them....
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago
The fact that compensation CAN be considered (under the Rose decision...it is a Supreme Court case) is significant.
Perhaps I am missing the point...are you asking how to draft pleadings to the court for a pending divorce?
Ask Your Own Military Law Question
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14,776
14,776 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,776 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

5,188 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 satisfied customers

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

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

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

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I am an ex-spouse of a retired army soldier, we were married
Hi, I am an ex-spouse of a retired army soldier, we were married in 1980 and divorced in 1997, the last time we were together we were stationed at Aberdeen Proving Ground living on post. We had a host… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
Husband officer in the Army commited adultery He retired
Husband officer in the Army commited adultery He retired couple months ago. I have all evidence can he still be charged with UCMJ … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I am a SGT in the Army Reserves and have been denied
I am a SGT in the Army Reserves and have been denied promotion do to my age. i am 59 and have 22 months of service remaining. i am also deployable. is there any I can do to fix this. … read more
P. Simmons
P. Simmons
Military Lawyer
14,776 satisfied customers
I am a veteran of the National Guard and Army reserves
I am a veteran of the National Guard and Army reserves during the late during the period … read more
P. Simmons
P. Simmons
Military Lawyer
14,776 satisfied customers
My husband is active army reserve and has just plead guilty
My husband is active army reserve and has just plead guilty to a third degree indictment charge. He was sentenced 3 years probation and is telling everyone that he is allowed to stay active in the arm… read more
P. Simmons
P. Simmons
Military Lawyer
14,776 satisfied customers
I spent 20 years in the Army Reserves. I went from active
I spent 20 years in the Army Reserves. I went from active reserve duty to retired reserve on orders and then finally to retired status on orders. I did not have 90 days consecutive active duty so I do… read more
P. Simmons
P. Simmons
Military Lawyer
14,776 satisfied customers
Army retirement board refuses to pay pension to 75 year old
Army retirement board refuses to pay pension to 75 year old disabled Viet Nam era vet, claiming I do not have sufficient time. My records show I have 20 years and 3300 retirement points. I was a Non C… read more
P. Simmons
P. Simmons
Military Lawyer
14,776 satisfied customers
My husband recently medically retired from the Army
my husband recently medically retired from the Army Reserves. His out-briefing consisted of paperwork via email and the internet. Nowhere was he informed of his GI Bill benefits and what his options w… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
My husband just retired from the army. He has been cheating
My husband just retired from the army. He has been cheating on me for years. The first time we were married 12 years and this time in January it has been 7 years . If I divorce him what am I entitled … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I am the spouse of a retired military (army) officer. We had
I am the spouse of a retired military (army) officer. We had a 40 year anniversary on May 21,of this year One month ago he left. He took the early retirement plan at 16 years of active duty service. I… read more
P. Simmons
P. Simmons
Military Lawyer
14,776 satisfied customers
I received a transfer to the Retired Reserve in 1992. It was
I received a transfer to the Retired Reserve in 1992. It was stated that this would be withouot pay or allowances. I have a certificate of transfer. Am I eligible for TriCare, military ID card or comm… read more
P. Simmons
P. Simmons
Military Lawyer
14,776 satisfied customers
I retired from the army,under TERA. I am to going to reach
I retired from the army,under TERA. I am to going to reach 64 years old in December 13. and i had not seeing a recomputacion … read more
P. Simmons
P. Simmons
Military Lawyer
14,776 satisfied customers
I joined army reserves in 1971 thru 1976. I was trained as a
I joined army reserves in 1971 thru 1976 . I was trained as a combat engineer. I was injured during training mission building floating pontoon bridge across Mississippi River. I was put on active duty… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
My son was Army Reserve and passed away (2016) while
Hi,My son was Army Reserve and passed away (2016) while off-duty, but while enlisted as a Reservist. He completed BCT and AIT, transferred to his unit, but was never deployed and never Activity Duty (… read more
P. Simmons
P. Simmons
Military Lawyer
14,776 satisfied customers
My finace' is retired from the army. He was in an automobile
My finace' is retired from the army. He was in an automobile accident. Just got out of military hospital. His friend is wanting to take him to Nigeria, where he is deployed.Can he do that. … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
Currently a member of the army reserves with a current rank
Hello my name is ariel ******. Currently a member of the army reserves with a current rank of sgt. I made a stupid decision and decided to smoke Marijuana. Ive been in a bit of a hardship for the past… read more
P. Simmons
P. Simmons
Military Lawyer
14,776 satisfied customers
As an enlistee in the reserves, can the army decide to
As an enlistee in the reserves, can the army decide to cancel my contract for some vague reason that's not my fault. … read more
P. Simmons
P. Simmons
Military Lawyer
14,776 satisfied customers
My husband retired in November 2016 from Army Reserves. He
My husband retired in November 2016 from Army Reserves. He also served in the Navy. He turned 60 on November 29, 2016. The command listed his paperwork as retired reserves which we were told was incor… read more
P. Simmons
P. Simmons
Military Lawyer
14,776 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x