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I am an ex-spouse of a retired army soldier, we were married…

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Hi, I am an...

Hi, I am an ex-spouse of a retired army soldier, we were married in 1980 and divorced in 1997, the last time we were together we were stationed at Aberdeen Proving Ground living on post. We had a hostile break up because he put me out of housing quarters so that his pregnant girlfriend could move in. He finally after his girlfriend had the baby sent me divorce papers. I have been informed that I am entitled to retirement pay because I have never been married again and I traveled with him for at least 11-12 years while he was in the military, do I qualify for anything under the 10/10 rule?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

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

Whose chain of command?

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

Yes, I was told by my ex that I was not entitled to anything unless he says I entitled, is that true?

Submitted: 4 months ago.Category: Military Law
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Answered in 8 minutes by:
1/14/2018
Military Lawyer: Thelawman2, Lawyer replied 4 months ago
Thelawman2
Thelawman2, Lawyer
Category: Military Law
Satisfied Customers: 1,849
Experience: Attorney at Law
Verified

Hello my name is ***** ***** I will be helping you today.

Whether you are entitled to retirement pay depends on what was in your divorce order. If you were awarded retirement pay as part of your divorce proceeding, then the 10/10 rule allows you to go directly to the military to get the retirement pay rather than having to get the check from your husband. If you don't qualify for the 10/10 rule, but did receive retirement pay as part of the divorce proceeding, then you would still receive retirement pay as awarded by the court...it is just that your husband would have to send you the check. However, if you qualify for the 10/10 rule, but the divorce order did not award you retirement pay, then you would not receive anything.

It is really the divorce order that controls whether you get retirement pay or not.

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Military Lawyer: Thelawman2, Lawyer replied 4 months ago

I hope this has been helpful. If so, please provide a positive rating so I get credit for helping you today!

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