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  1. #1
    Join Date
    Jun 2010
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    6

    Default Division of a Military Pension in a Divorce

    My question involves divorce in the State of: CA

    I was divorced in 1987 after 25 years of marriage.

    Part of the final divorce agreement was that I was to receive 30% of my ex husbands military pension; He began receiving his pension upon turning 60 years old, which was 14 years ago. I did not pursue my rights to the pension at that time as I was financially able to care for myself without it. I am now in a position where the pension would be helpful. So, my questions are:

    A) Is there a statute of limitations to file for my portion of the pension? (Apparently I must file with the Air Force to request this.)

    B) Is it affected if I remarry?

    C) If I can still submit the claim for my portion of the pension will the funds be retroactive?

  2. #2
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: Division of a Military Pension in a Divorce

    Quote Quoting reseda
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    My question involves divorce in the State of: CA

    I was divorced in 1987 after 25 years of marriage.

    Part of the final divorce agreement was that I was to receive 30% of my ex husbands military pension; He began receiving his pension upon turning 60 years old, which was 14 years ago. I did not pursue my rights to the pension at that time as I was financially able to care for myself without it. I am now in a position where the pension would be helpful. So, my questions are:

    A) Is there a statute of limitations to file for my portion of the pension? (Apparently I must file with the Air Force to request this.)
    Probably not.
    B) Is it affected if I remarry?
    If it's spousal support, yes. If it's part of a property settlement, no.
    C) If I can still submit the claim for my portion of the pension will the funds be retroactive?
    If I were your ex husband I'd hire the best attorney money could find and argue laches until Jesus could hear me.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  3. #3
    Join Date
    Jun 2010
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    6

    Default Re: Division of a Military Pension in a Divorce

    Quote Quoting CourtClerk
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    Probably not.

    If it's spousal support, yes. If it's part of a property settlement, no.

    If I were your ex husband I'd hire the best attorney money could find and argue laches until Jesus could hear me.
    We're not on bad terms whatsoever, it's just something I never pursued although it was part of our agreement. This isn't coming from a malicious stand point, just something I feel I should pursue at this point because he's doing fine financially.

    And no, it's not spousal support. It's 33% of his pension that was part of the divorce settlement in 1987. And when he turned 60 I simply didn't file DD 2293 because I didn't want to cause him financial hardship at the time.

  4. #4
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: Division of a Military Pension in a Divorce

    Don't get me wrong, it may not be from a malicious standpoint, I don't believe you should be able to go after a money judgment 14 years later after sitting on it that long. That's why there is a such thing as Doctrine of Laches.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

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