Military Law

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Related Military Law Questions
Have a reservist who has been married over ten years but
have a reservist who has been married over ten years but there was a civilian break. Trying to determine if the 10/10 rule will be satisfied. Married in month two of a year where he received 1 year of qualified service. Similarly will be divorced toward end of a year when he will receive a qualifying year. If both those years are included the 10/10 rule will be satisfied. How does DFAS consider that calculation. Does it look at points accrued in the retirement year during the marriage or does it simply consider if the marriage is within a qualifying year at the end of the retirement year? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
16,264 satisfied customers
Hello,I retired from the Army Reserve from serving from 1971
Hello, I retired from the Army Reserve from serving from 1971 to 2007. I divorced in 1996 after 24 years later and continued my career after the divorce. At the time of the divorce no devision of the … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
16,264 satisfied customers
My wife is in the reserves and I am a civilian we have been
My wife is in the reserves and I am a civilian we have been married for 8 years. She filed for a divorce and two years later we are still married but still in the process of a divorce. Does the milita… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,639 satisfied customers
Is a Domestic Relations Order required in a divorce settlement
Is a Domestic Relations Order required in a divorce settlement where the couple has been married 33+ years (20 of that in military). Doesn't the military handle the division of pension?… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,639 satisfied customers
My exs attorney failed to mention anything about my military
My ex's attorney failed to mention anything about my military pension in the QDRO, however he did mention it in the decree. When I applied for my military pension, DFAS only wanted to see the QDRO. Ov… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
Is a QDRO required in addition to the completed DD For 2293,
Is a QDRO required in addition to the completed DD For 2293, a certified copy of the divorce judgment, marriage certificate and the former wife's affidavit, in order to begin payment to the former wif… read more
LawHelpNow
LawHelpNow
Attorney/Lawyer
Doctor of Jurisprudence
223 satisfied customers
I was divorced from a USAF pilot after 20 years of marriage.
I was divorced from a USAF pilot after 20 years of marriage. According to my divorce decree I am entitled to 50/50 spilt of Airforce retirement. Where do I start? I have talked to several lawyers and … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
16,264 satisfied customers
divorce judgement in 1995 giving rights to half of my exs
divorce judgement in 1995 giving rights to half of my ex's military pension but it did not provide an exact dollar amount just stated 50%. He was active duty at the time. He retired in 2009 and as tim… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
16,264 satisfied customers
I was awarded half of my exs retirement ....My concern is
I was awarded half of my ex's retirement ....My concern is he could already draw as he is elegible , but he has not applied for his retirement.( I don't know much about him as he left town 5 years ago… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
16,264 satisfied customers
can I get part of my military spouse pension if I am retired
My husband has asked me for a divorce. Can I get part of my military spouse pension if I am retired military and get a retirement check myself? I retired 5 years ago and we have been married for 16 ye… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
16,264 satisfied customers
Im a navy reservist. Been in 7 yrs. Been married since 1997
Im a navy reservist. Been in 7 yrs. Been married since 1997 separated for the last 6-7 yrs. Now getting a divorce, she wants 1/2 my pension. Do i even have a pension at this point since ive only done … read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
I am involved in litigation in which a client was awarded a
I am involved in litigation in which a client was awarded a portion of a former spouse's military retirement but the former spouse was put out on a medical retirement after 12 years. The argument that… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
16,264 satisfied customers
My understanding is that, Uniformed Members of the Military
My understanding is that, Uniformed Members of the Military not Civilians, may be required to relinquish a portion of their Retirement Pension as a result of a Divorce. I also understand no division w… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
16,264 satisfied customers
please let me know how to apply for spouse pension from divorced
please let me know how to apply for spouse pension from divorced usaf (ret.) capt. after 18 years marriage and (2) two now adult children? Can pension share be retroactive since new law allows pension… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,639 satisfied customers
What is the purpose of a Constituted Pension Order The divorce
What is the purpose of a Constituted Pension Order? The divorce was finalized in the state of Md May 2010. A QDRO was established to grant the ex funds from a 401k plan. Is a CPO required to get DFAS … read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
10 years after my divorce degree is final my former spouse
10 years after my divorce degree is final my former spouse has retained a ‘military pension consultant'. That consultant points out my attorneys incorrectly used an active duty formula award expressed… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
Hi, I have been retired from active duty since 2006, after
Hi, I have been retired from active duty since 2006, after serving 21.5 years in the US Army; I retired as a Sergeant First Class (E7). I have been married for 11 years to an US Air Force Reservist wh… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
I am active duty in the navy. I am a E-6 who has 8yrs 7mos
I am active duty in the navy. I am a E-6 who has 8yrs 7mos of service. I am getting divorced after 4 years 7 months of marriage. I have NO kids from this marriage. She is asking for alimony and 12.9% … read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers

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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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