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legalgems, Lawyer
Category: Military Law
Satisfied Customers: 10244
Experience:  Just Answer consultant at Self employed
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I was married to an army officer for over 10 years. What

Customer Question

I was married to an army officer for over 10 years. What rights do I have according to usfspa? Specifically, does it have to be outlined in the divorce decree?
Submitted: 11 months ago.
Category: Military Law
Expert:  legalgems replied 11 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 11 months ago.

Has the divorce been finalized or is the process still going on?

Customer: replied 11 months ago.
Was finalized in 2010
Customer: replied 11 months ago.
I was mentally unstable at the time and never signed the divorce papers
Expert:  legalgems replied 11 months ago.

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.

Expert:  legalgems replied 11 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.