USFSPA-codified at 10 U.S.C. 1408- allows a military spouse to receive retirement benefits if they were awarded a portion of the retirement as property in their final court order.
If the court order is silent to this, then the spouse is not entitled.
It is possible to vacate a judgment, but rarely is it done after 6 years, because the court has a preference for finality of court proceedings.
The attorney in the case will typically ensure that the order addresses this, so it would be wise to review the court order to see if it was in fact addressed.
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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.