Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Divorce final in 1983,,,,I was member of National

Customer Question
Guard....divorce court order was silent...
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: 3 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 7 minutes by:
5/20/2015
Military Lawyer: Marsha411JD, Lawyer replied 3 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,988
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
Hello,
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.
Ask Your Own Military Law Question
Military Lawyer: Marsha411JD, Lawyer replied 3 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: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.
Ask Your Own Military Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,988
20,988 Satisfied Customers
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Marsha411JD 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

15,273 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

5,454 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

20,988 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 having several problems dividing the military
I am having several problems dividing the military retirement. One being I am still on drill status and have not retired. Two attorneys that I have spoke to are attempting to divide my military retire… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,520 satisfied customers
I had ask a question about military retirement as related to
I had ask a question about military retirement as related to divorce. What I forgot to mention is that my son is in the Army National Guard and NOT the regular Army.. Now with the same question as bef… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I was married to an Air Force officer for 14 years. Am I entitled
I was married to an Air Force officer for 14 years. Am I entitled to any of his retirement?… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
I have been married for 14 years to a service member that just
I have been married for 14 years to a service member that just retired. I would like to know where it is written in military law that I am entitled to 1/2 his retirement. My ex refuses to allow me to … read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
My former husband and I were married from 1958 to 1979. My
My former husband and I were married from 1958 to 1979. My husband served in the USAF from September 1958, until discharge in 1965. In the year 1966 or 1967 he joined the Maryland Air National Guard a… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
I was married 20 yrs, my ex medically retired with 14 years
I was married 20 yrs, my ex medically retired with 14 years in active duty. He was an E6 with 60% disability. He is receiving a DFAS retirement check that is tax exempt. We divorced Dec '09 he retired… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
If I was married to an active duty service member for more
If I was married to an active duty service member for more than 10 years and he decided to divorce, am I entitled to any type of compensation from his retirement?… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
I was married to my ex husband for 7 1/2 years. He was in
I was married to my ex husband for 7 1/2 years. He was in the Army full time for almost 5 of those 7 1/2 years. Since our divorce he has been active duty Army National Guard the majority of which as a… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
former spouse benefits, Army National Guard. If remarry before
former spouse benefits, Army National Guard. If remarry before age 55, as former spouse, does spouse lose my eligibility for benefits, if I have a divorce decree (10 years ago) that says former husban… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
Ive been married for over 20 years; my spouse is the military
I've been married for over 20 years; my spouse is the military retiree & we have full benefits. However, for the past few years, I've found proof that he's been unfaithful. I have recently been diagno… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
What rights are there for ex-wives I was married a total of
What rights are there for ex-wives? I was married a total of 28 years. Of that 18 and 1/2 was while he was active duty. I don't know what to do with my ID card. Is it still good for anything? Tricare … read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
AS PART OF MY DIVORCE SETTLEMENT I WAS TO GET HALF OF MY EX
AS PART OF MY DIVORCE SETTLEMENT I WAS TO GET HALF OF MY EX SPOUSE'S GUARD PENSION. THIS WAS NOT ALIMONY BUT PART OF THE SETTLEMENT. HE HAS SINCE RETIRED APPROXIMATELY 1 1/2 YEARS AGO AND I HAVE YET T… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My husband is serves in the Florida National Guard and is currently
My husband is serves in the Florida National Guard and is currently on Active duty. When he is home he works for the National Guard as a (I believe it's called) a M-Day soldier Technician when he is h… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I am the ex-spouse of a retired army/national guard retiree.
I am the ex-spouse of a retired army/national guard retiree. We were married for approximately 19 years. I understand that I am entitled to a portion of his benefits at retirement. How and who should … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I have been married to my husband for 17 years, he is E8 with
I have been married to my husband for 17 years, he is E8 with 23 years of service and committed adultrey that can be proven. What benefits am I entitle to?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My husband was a major in the Utah Air National Guard with
My husband was a major in the Utah Air National Guard with 23 years of service. He left the guard in 90's when there were personnel cuts. He turns 60 this October. For years he had told me when he tur… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
My husband and are are separated and want a divorce. He is
My husband and are are separated and want a divorce. He is retired. He says PSD reviewed his records and found out that we were married 14 days too short for me to qualify for military benefits in the… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My question is I am process of getting a divorce in
My question is: I am process of getting a divorce in Texas. My husband was in the military service for 30 years retiring in 1994. We were married from June 13, 1974 and divorced in 1981. We remarried … read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 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