QUESTION
Does my wife have any right to my military pension if we have originally resolved that she will not seek part of my military retirement?
Asked on Mar 12th, 2013 on Divorce - Ohio
More details to this question:
I in turn will not seek any of her savings. She is now expressing interest in my retirement. I was in the military for 7 year of our marriage.
3 ANSWERS
Family Law Attorney serving Villa Park, CA
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The Law Office of John J. Stanton
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Unless you have a settlement agreement in writing, any oral understandings usually will not be enforceable with the court. However, you can have the community property portion of your pension valued, and then seek to keep it by offsetting it against other assets, such as the savings.
Answered on Mar 12th, 2013 at 1:22 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In Ohio military divorces are generally treated as normal property division issues with the exception of the pension. Two considerations impact the pension: the ten year rule and the Uniformed Services Former Spouses Protection Act.
Answered on Mar 12th, 2013 at 1:21 PM
John Arthur Smitten
If she waived it in writing then she has no claim.
Answered on Mar 12th, 2013 at 1:21 PM