Results 1 to 4 of 4
  1. #1
    Join Date
    Jun 2010
    Posts
    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
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Division of a Military Pension in a Divorce

    Quote Quoting reseda
    View Post
    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.

  3. #3
    Join Date
    Jun 2010
    Posts
    6

    Default Re: Division of a Military Pension in a Divorce

    Quote Quoting CourtClerk
    View Post
    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
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    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.

    1. Sponsored Links
       

Similar Threads

  1. Property Division: Pension and Social Security in Divorce
    By tropicalmom2 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 07-27-2011, 06:05 AM
  2. Property Division: Division of a Pension in a Mississippi Divorce
    By miss98765 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 03-31-2011, 07:17 PM
  3. Divorce: Military Ex-Spouse Rights to Pension
    By tlmpnmsd in forum Divorce, Annulment and Separation
    Replies: 8
    Last Post: 06-28-2010, 05:15 AM
  4. Property Division: Division Of Future Pension Benefits
    By f_flyer in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 05-18-2007, 10:51 AM
  5. Bankruptcy Issues: Discharge of pension benefits, and divorce
    By Sassy in forum Bankruptcy Law
    Replies: 2
    Last Post: 01-10-2006, 02:39 PM
 
 
Sponsored Links

Legal Help, Information and Resources