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  1. #1
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    Nov 2008
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    Default How to Enforce the Division of a Pension Granted Twenty-Five Years Ago

    My question involves a marriage in the state of:California

    I was divorced almost 25 years ago after being wed to a military man for 3 years. I was awarded half of his retirement pay for a specified amount of time (not sure how long off the top of my head.) I have never remarried, but he has remarried several times. When he retires, how would I go about making sure that I get paid what was awarded to me when we divorced? Does the fact he was married so many times affect the amount of money I would get?

  2. #2
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    Jan 2006
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    Default Re: How Do I Go About Collecting on Something Awarded to Me Almost 25 Years Ago

    You must be kidding. You were awarded half of his retirement pension, for any period of time, for a 3 year marriage? Wow did he get the shaft.

    I don't know if a QDRO applies to gov pensions but it would if this were a civilian issue. It may so; was there a qdro issued by the court?

  3. #3
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    Mar 2013
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    Default Re: How Do I Go About Collecting on Something Awarded to Me Almost 25 Years Ago

    Quote Quoting Halfajap
    View Post
    My question involves a marriage in the state of:California

    I was divorced almost 25 years ago after being wed to a military man for 3 years. I was awarded half of his retirement pay for a specified amount of time (not sure how long off the top of my head.) I have never remarried, but he has remarried several times. When he retires, how would I go about making sure that I get paid what was awarded to me when we divorced? Does the fact he was married so many times affect the amount of money I would get?
    Apparently you need a court order, not just the decree, and you need to serve the court order on the Defense Finance and Accounting Service (DFAS) and that puts them on notice that you are entitled to collect a portion of the military pension even if it's at some future date.

    See the following page for additional information:

    http://www.divorcenet.com/states/new...e_and_pensions

  4. #4
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    Jan 2006
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    Default Re: How Do I Go About Collecting on Something Awarded to Me Almost 25 Years Ago

    well, that would be a qdro, even if by some other name but also included in Jack's link was this:

    If you aren’t eligible for direct pay because, for example, you weren’t married to the service member for at least 10 years during the member’s service, or because you’re entitled to more than 50% of the member’s disposable retired pay, you’ll have to collect the debt from an alternative source like the service member’s assets or income (e.g., if the service member has a savings account or has taken on a civilian job.)
    If you don’t qualify for direct pay, consider asking for cash or assets in exchange for your share of the military pension. Make sure this agreement becomes part of any settlement and/or court order regarding the distribution of property in your divorce. In this situation, you’ll likely need an attorney’s assistance.
    based on that and your statement you were only married 3 years, you cannot get a share of his pension directly from the government but must collect directly from your former husband. A courts order apparently is going to do you no good in attempting to collect it directly from the government.

  5. #5
    Join Date
    Sep 2012
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    1,991

    Default Re: How Do I Go About Collecting on Something Awarded to Me Almost 25 Years Ago

    first review your order, it is likely that it is for half of the retirement pay that was accrued during the marriage.

  6. #6
    Join Date
    Nov 2008
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    100

    Default Re: How Do I Go About Collecting on Something Awarded to Me Almost 25 Years Ago

    I'm not sure what the difference is between a decree and a court order, but I went and got copies of the final judgement and it said I was entitled to receive half of his retirement pay for what I think said 20 months. It worked out to be about half of his retirement for half of the duration of our marriage. I was wondering how I would go about getting it because I can almost guarantee that he is not going to part with anything willingly. He will refuse to pay me. I'm thinking that his other wives since me may have been awarded something similar which affects what I'm supposed to get, no? Would I need to look into having his wages garnished or ?

  7. #7
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    Default Re: How Do I Go About Collecting on Something Awarded to Me Almost 25 Years Ago

    I'd like to know what the laws were 25 years ago..

    I doubt you're going to get a single red cent.

  8. #8
    Join Date
    Nov 2008
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    100

    Default Re: How Do I Go About Collecting on Something Awarded to Me Almost 25 Years Ago

    Why would you think this? Because of the time that has passed?

  9. #9
    Join Date
    Oct 2006
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    16,474

    Default Re: How Do I Go About Collecting on Something Awarded to Me Almost 25 Years Ago

    Quote Quoting Halfajap
    View Post
    Why would you think this? Because of the time that has passed?
    OK...lets break it down...

    You don't actually get 1/2 of his pension for 20 months...it doesn't work that way. You get credit for 1/2 of the amount of pension that accrued during that time period, paid out to you over your lifetime.

    So, for example, lets say that those 20 months equal 5% of his pension, therefore your share would be 2.5% of his pension. So, if his pension ended up being 2500.00 a month, you would be entitled to 87.50 a month. Now, this is an example only since I have no idea how much pension he will actually be receiving. Each of his other wives would be entitled to amounts of money based on the length of their marriages to him, but at no time would he have to pay more than 50% of his monthly pension to all of his ex wives added together.

    Now, based on federal law, that amount cannot be garnished directly from his pension because you were not married to him for at least 10 years of his military service period. Therefore, the only way for you to collect that amount is if he pays you directly. If he refuses to pay you directly, then your only hope of enforcing it would be to take him to court. The cost of taking him to court if you represented yourself would probably equal about 6 months worth of pension. If you hired an attorney it could end up costing you several years of pension in a best case scenario, with still no guarantee that he would actually keep paying you.

    That is why we think its likely that you are never going to collect it. Its unlikely that he is going to pay you voluntarily, and it would be foolish of you to throw good money after bad in attempting to enforce it.

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