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LawTalk, Attorney
Category: Military Law
Satisfied Customers: 37639
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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This is a crazy one. My ex husband before we met did 13

Customer Question

This is a crazy one. My ex husband before we met did 13 years active duty. We were together 12 years. Some common law, some we were married 6 years. He returned to active duty 3 years of our marriage. Does any of this count for any of the 10 years of his pension?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: We started common law in Florida. Moved to married in NC and lived in AL. He is Stationed in NC.
JA: Have you talked to anyone in the chain of command about this?
Customer: No, We have been divorced almost two years. We had a no contested divorce.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Um, there was some very bad blood in the end. Affairs on both sides. He might have evidence against me.
Submitted: 3 months ago.
Category: Military Law
Expert:  LawTalk replied 3 months ago.

Good afternoon,

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

All years that you were married, common law or otherwise, during which time he was earning a military pension will allow you to get a percentage of his retirement if you divorce.

The 10 year issue is only to determine if the military pays you directly or whether he is ordered by the divorce court to pay you after he receives his monthly benefit from the military.

But all years of marriage count toward the 10 year rule as well.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,


Customer: replied 3 months ago.
But he was not in the service for some of those years. The first 13 years he did active duty he was single. We were together right after he got out. He was only active duty for 3 years of our legal marriage. Also some of the common law was in Florida for four years.
Expert:  LawTalk replied 3 months ago.

I attempted to accept your call request but there seems to be a problem with the request. Please contact customer service at(###) ###-####to get the issue straightened out and then I can call you.

I look forward to speaking with you.


Expert:  LawTalk replied 3 months ago.

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