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Is my ex wife entitle to 50% of my retirement money if I was

married to her only for...
Is my ex wife entitle to 50% of my retirement money if I was married to her only for 2 years?
Uniformed Services Former Spouse Protection Act from my understanding states I must be married and served 10yrs each for her to have rights to 50% of my retirement. Is this true?
Also, if a Court Stipulation agreement has been made and signed by both attorneys and blessed off by the judge (judge hasn't signed yet due to lack of information pertaining to the particulars to my military pension plan pending). Can I amend the agreement now that I know of the military law? I was just going off of my lawyer and her attorney response that she is entitled to have.
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Answered in 13 minutes by:
4/13/2016
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,238
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

The answer is no and no.
That is there is NO rule that requires a 10 year marriage for the court to divide the military pension. Period. There is a rule that you need 10 years of marriage (overlapping with service) to get direct payment from DFAS of an award under the FSPA. But the court can divide your military pension if you were married for a week...there is no law that prevents this

HOWEVER, NY law uses an equitable distribution scheme for division of marital property. And the chance of a court ordering 50% of your military pension base on a 2 year marriage? No...not going to happen

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 1 year ago
Thank you for your prompt response. What would be the reference for that last part so that I could send that to my attorney?

Sorry...reference for what? Are you asking for the link to the USFSPA?

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Customer reply replied 1 year ago
HOWEVER, NY law uses an equitable distribution scheme for division of marital property. And the chance of a court ordering 50% of your military pension base on a 2 year marriage? No...not going to happen."What would be the reference that would support this because both my attorney and my ex attorney both agree that I owe her 50% of my pension for the 2.5yrs we were married.
Customer reply replied 1 year ago
I really don't know what to do. He said if I don't provide him with the information he will leave and charge me extra.

Sorry...so they are saying that since you were married for 2.5 years she gets 50% your pension? OR she gets 6% of your pension (2.5/20 x .5 = 6%)?

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Customer reply replied 1 year ago
They said 50% of my pension for those 2.5 years I was married.

OK...that is correct. SOrry for the confusion...I was under the impression they wanted 50% of the WHOLE pension. That is not going to happen. But 50% of the pension for the time you were married (so approx 5% overall)? Yes...that is fair...and the law supports that.

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Customer reply replied 1 year ago
One more question that I cannot find anywhere and no getting much help from our NY Army National Guard Retirement Office. My attorney is requesting the retirement info.Name of pension
Account number
Years of service
Annual pay
Potential retirement pay at certain date
Who will pay me when eligible for retirement
Address, phoneWhat am I suppose to give him? My retirement office just told me that there is nothing and that I go from active paid system to retirement paid system.Please help me
Customer reply replied 1 year ago
That's all I need to finish up my court case

sorry...I do not understand what you are asking for...I have sent an offer to chat on the phone for additional $10. If you accept we can discuss this at length

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Customer reply replied 1 year ago
$10? For a call? That would be awesome

I sent the offer ... if you accept it we can talk. Its $10 in addition to what you already have agreed to pay...

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,238
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
Ask your own question now

Please give a call, my # *****

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https://www.law.cornell.edu/uscode/text/10/12731

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https://www.law.cornell.edu/uscode/text/10/1408

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Customer reply replied 1 year ago
You don't happen to know the name of the agency that disburses the retirement money to her do you?

There is not one. Not possible. IF you look at Title 10 US Code Section 1408

https://www.law.cornell.edu/uscode/text/10/1408

It says you need 10 years marriage for direct payment.

So you would need to pay her directly.

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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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