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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20227
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Divorce final in 1983,,,,I was member of National

Customer Question

divorce final in 1983,,,,I was member of National Guard....divorce court order was silent as to ex spouse benefit from my military National Guard retirement...can ex spouse now be awarded any portion of my military retirement which actually began in 2004
?? was married for only 3 years
Submitted: 2 years ago.
Category: Military Law
Expert:  Marsha411JD replied 2 years ago.
Thank you for the information and your question. If you are asking if there is a legal entitlement under statute to your former spouse to any part of your military retirement payments, then the answer is no. That said, a court always has the right to reopen a divorce case and consider a change in support or a property settlement. However, it is highly unlikely that any court would make any changes to an order from 32 years ago, especially when a marriage was so short. It just isn't heard of. A former spouse can always file a petition. But filing a petition and having the court order such a change is entirely different.
Just to be clear though, there is no legal precedent or statute that would mandate the spouse be awarded any portion of their former spouse's retirement when they were only married 3 years, even if the 3 years were during the servicemember's service period.
Please feel free to ask for clarification.
Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 20th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:
Thank you.

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