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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.
There is, unfortunately, a common misconception that having been married for a specific period of time entitles a former spouse to a portion of military retirement. That is actually not true. All the law does is grant state courts the right to divide military retirement during a divorce if they feel it is appropriate.
If you were going to obtain a right to any portion of the military retirement, that would have happened during the divorce itself, in 2002. The only way you could obtain any portion of the retirement now is to try and reopen the divorce so that a court can issue an order dividing the retirement. The problem is that the divorce has been closed a very long time. You'd have to establish some sort of fraud committed against you during the divorce as a means to get it reopened.
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