Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Ex spouse was awarded a portion of military retirement

Customer Question
during divorce 5 years ago...
Ex spouse was awarded a portion of military retirement during divorce 5 years ago. She has never moved forward to begin payments. When she decides to begin payments will they be calculated retroactively? Is there a statute of any kind that limits her time to claim the retirement benefits?
Submitted: 2 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 7 minutes by:
2/22/2016
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,389
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

DFAS will not calculate back payments. They will only begin paying from the date they have the decree and a request to initiate those payments, which either of you can do (her or you).

Now, the problem here though is that the court could order back payment. Technically speaking, you owe that money whether she set up DFAS payment or not. In fact, some people with marriages less than 10 years can't set up DFAS payments, but the retiree still owes those funds to the former spouse and has to pay them directly.

There is a 7 year statute of limitations on enforcing a judgment, which is what a divorce decree is, so if you were retired at the date of the divorce, then the statute of limitations is running. If just retired after, then it can be argued that the decree really didn't fully come into effect until you actually retired and she could argue that it runs from the date of retirement.

If she seeks back pay from the court, through a motion against you for contempt of court (for not honoring the decree), the court would grant that, plus interest and issue an order of garnishment. DFAS then would honor that order. They just aren't going to come to that judgment themselves, as they are not a court.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Military Law Question
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

Ask Your Own Military Law Question
Was this answer helpful?
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 20,389
20,389 Satisfied Customers
Experience: Lawyer and current JAG officer.

Allen M., Esq. 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

14,718 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

20,389 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
My daughter is getting a divorce from her retired military
My daughter is getting a divorce from her retired military spouse. She has been married to him over 20 years but only 15 years for military benefits. The question is what amount of his retired pay wil… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My exs attorney failed to mention anything about my military
My ex's attorney failed to mention anything about my military pension in the QDRO, however he did mention it in the decree. When I applied for my military pension, DFAS only wanted to see the QDRO. Ov… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
My divorce decree states that my ex spouse receives an unspecified
My divorce decree states that my ex spouse receives an unspecified amount or percentage of my military retirement benefits. How do I determine how much to give the the ex-spouse?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am retired navy and aBout 1-2 months aways from a final divorce,
I am retired navy and aBout 1-2 months aways from a final divorce, we married for my entire career can i continue the survivors benefit for her even though we will be divorced, next I am 60 PER CENT d… 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
10 years after my divorce degree is final my former spouse
10 years after my divorce degree is final my former spouse has retained a ‘military pension consultant'. That consultant points out my attorneys incorrectly used an active duty formula award expressed… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
If a spouse of a retired military person is requesting divorce,
If a spouse of a retired military person is requesting divorce, are they entitled to a portion of the retirement income? If that person should remarry later, would they lose that income?… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
Hi I retired in 2000 with 20 years in the AF. I was married
Hi I retired in 2000 with 20 years in the AF. I was married in 1991 and date of separation is 2003. How much of my military retirement should the court award… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
I now have been married for 13 years to a marine. We separated
I now have been married for 13 years to a marine. We separated once for 1 year then got back together. The first separation I went on base for our separation papers. Now its been 5 years and we have f… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I retired from the Air Force in 1994. In 1995 my wife and
I retired from the Air Force in 1994. In 1995 my wife and I were divorced. She has been receiving half of my pension as income. She remarried a few years ago. Is she still entitled to the pension?… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
I retired from the NYNG in Feb. 2000. My wife at the time left
I retired from the NYNG in Feb. 2000. My wife at the time left me soon after, and was awarded half my retirement pay. After 27 years of marriage, she took off with another man. She re-married prior to… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
i got divorced in california. i had 4 years of service before
i got divorced in california. i had 4 years of service before i got married and 9years and 8 months while married. i completed my 20 years 6 months ago. the court said my ex wife gets 50% if my retire… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
I live in Arizona and am in the early stages of getting a divorce
I live in Arizona and am in the early stages of getting a divorce to a military member. We have been married 5 years. He has been in the military 19 years. My questions are: am I eligible to petition … read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
I retired three years ago after 28 years. I divorced and my
I retired three years ago after 28 years. I divorced and my first wife received 15% of my retirement. I have remarried since and the second marriage was for 14 years. We are separated in the state of … read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
Two Questions Question #1 Is my ex-wife eligible for
Two Questions: Question #1: Is my ex-wife eligible for any portion of my military retirement if we were married less than 10 years? I am the ex-military member. I divorced my ex-wife at the 8 year/2 m… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
My husbands ex-wife gets a portion of this retirement, they
My husbands ex-wife gets a portion of this retirement, they never specified an amount, just an equation at their divorce. How do they figure out an amount, does she have to file with court to obtain t… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am retired military, married 19 years. My spouse never collected
I am retired military, married 19 years. My spouse never collected child support during that time for my stepson. During a divorce she may be awarded 50% of my retirement pay. Can I recoup some of tha… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 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