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I have a friend who is divorced and was awarded 1/2 of her…

Customer Question
I have a friend...

I have a friend who is divorced and was awarded 1/2 of her husband‘s military retirement. He was not retired at the time but he is now. No one ever contacted her about her half and now she’s wondering if she can still get it. She wasn’t aware until recently that he is retired.

Lawyer's Assistant: Are you overseas or stateside?

She is stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No she hasn’t because she doesn’t know who or where to go to. We live in Boise Idaho and I’m not sure just how much military presence is here.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This woman is nearly destitute. She barely makes it every month. I believe her husband has no work and only has his military retirement.

Submitted: 8 months ago.Category: Military Law
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Answered in 2 minutes by:
11/11/2017
Military Lawyer: Allen M., Esq., Lawyer replied 8 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,569
Experience: Lawyer and current JAG officer.
Verified

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.

She needs to contact DFAS and have her share sent directly to her. She'll need to send her divorce decree and an election form in order for them to be able to do it.

She would have to go back to court to get an order for back pay from when he actually retired. DFAS won't do that without a court order, but they can start payments from the date that they receive the decree.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Military Lawyer: Allen M., Esq., Lawyer replied 7 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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