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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34525
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I'll start with the basic information and than ask my

Customer Question

I'll start with the basic information and than ask my question. Divorced after 8 years and 10 months and will officially retre 1 January 2017 with 26 years and 18 days active duty service. Divorce decree stated ex earned part of retirement that would be split in accordance of Woodward vs Woodward. No Qualified Domestic Relations Order, or QDRO has been filled that I'm aware of. Additionally, I have submitted for VA disability with 13 different injuries/claims. Since, it may take time for VA percentage that may effect my retirement since a rating under 50% has potential to reduce disposable retirement should I wait? Second is disposable retirement mean before or after taxes..etc? Note: retired E8 with 28 years 18 days of service. And since I was an E5 when we divorced does that matter?
Submitted: 9 months ago.
Category: Military Law
Customer: replied 9 months ago.
Just some additional information: I have been remarried for just under 10 years. I was legally separated about 2 years before official divorce and paid alimony for about 7 years. I have about 8 months of child support left to pay. Does any of this matter?
Expert:  P. Simmons replied 9 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 9 months ago.

SOrry...not sure I understand...should you wait for what? For the VA rating?

Customer: replied 9 months ago.
Should I wait until the ex files for a Qualified Domestic Relations Order, or QDRO? And should I wait for VA rating? And how about second part of question on rank at time of divorce?
Expert:  P. Simmons replied 9 months ago.

Rank at time of divorce is NOT relevant to this. Period. What is relevant is the number of years of marriage that overlap your service. That is what the court will base the division on...the rank at time of divorce will have zero impact on this calculation.

And should you wait for the QDRO to file for VA?

I would not...frankly, you would be MUCH better served IF you can resolve the VA piece PRIOR to the QDRO (since the VA piece may impact the QDRO). If you do the QDRO first and then get a VA rating that impacts the QDRO? You may have to pay to redo the QDRO...

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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