QUESTION

Can an ex-spouse get Military Retirement after the divorce decree is final?

Asked on Oct 20th, 2014 on Divorce - Florida
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3 ANSWERS

Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Depends on the language in the Final Judgment. Have the document reviewed by an attorney ASAP. Sometimes DFAS takes the position a spouse has only one year to apply for some benefits.
Answered on Oct 20th, 2014 at 4:13 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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What was agreed to in the divorce? You didn't say. If there was no disposition of that issue, it usually cannot be revisited.
Answered on Oct 20th, 2014 at 4:04 PM

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Generally, a spouse's share in any military benefits is determined and awarded during the divorce, not after. There can be circumstances under which your branch of service may still award a spousal share of benefits, such as when the divorce judgment is silent on the issue. You should consult with a family law attorney with experience in military divorces to discuss your specific situation and your options.
Answered on Oct 20th, 2014 at 4:04 PM

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