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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14293
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a grey area reservist retiree i'm 52 was in military for

Customer Question

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
Expert:  P. Simmons replied 2 years ago.
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?
Customer: replied 2 years ago.
VA disability does Not have to be shared....You clearly don't understand my question fully....
Expert:  P. Simmons 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...
Customer: replied 2 years ago.
In Oregon VA disability is not considered income....
Customer: replied 2 years ago.
as in a Divorce...
Customer: replied 2 years ago.
The question was really more with the additional points so that he did not benifit from them....
Expert:  P. Simmons replied 2 years ago.
The fact that compensation CAN be considered (under the Rose 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?

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