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I am 16 years divorced from Army spouse and have not

Customer Question
collected any retirement pay. Is...
I am 16 years divorced from Army spouse and have not collected any retirement pay. Is there a statute of limitation or do I have to have the decree amended to include that language to entitle my portion. We dissolved a 23 year marriage.
Submitted: 2 years ago.Category: Military Law
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Answered in 22 minutes by:
7/7/2016
Military Lawyer: LawTalk, Attorney replied 2 years ago
LawTalk
LawTalk, Attorney
Category: Military Law
Satisfied Customers: 37,876
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
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Good morning Corliss,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

If the issue of the military retirement pay was not addressed in your divorce decree, then you will need to apply to the court to re-open the divorce to get a ruling on your entitlement to a portion of the retirement benefits. There is no statute of limitations affecting your right to seek to amend the decree to include marital property that was not accounted for in the original decree.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

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Military Lawyer: LawTalk, Attorney replied 2 years ago

Good afternoon,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you? I am not compensated until you rate me.

Thanks in advance,

Doug

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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).

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