Forms and Letters: Family Law

questions & answers

Question: I was married to an active military person from 6/1974- 8/1987. The divorce was done solely by my ex husband.I simple received the divorce decree in the mail. I was not aware that been married to an active military for 10 years entitles me to a portion of his retirement. My brother just advised me a week ago that I should have and was entitled to this; so this is the first time that I'm trying to get information on the matter. I was never told or known about this.

Answer:

First, because of the time frame of your marriage, you are subject to the old rules for pension division.  Your issue requires help and advice from a lawyer based on information about the jurisdiction where the divorce took place and the language of the decree.  Did he make a career of the military and retire with a pension?  Your question implies that he did but does not give specific information. The law of the state where the divorce decree was issued will be vital to know.  You need to find a lawyer to advise you who knows family law and is familiar with the Uniform Services Former Spouses' Protection Act.  Your first step is to talk to a lawyer.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.
For basic information to get you started, you may also want to read this article: https://www.lawforveterans.org/family-law/384-dividing-military-pensions-in-divorce-the-rules-have-changed

QUESTIONS

  • I was married to an active military person from 6/1974- 8/1987. The divorce was done solely by my ex husband.I simple received the divorce decree in the mail. I was not aware that been married to an active military for 10 years entitles me to a portion of his retirement. My brother just advised me a week ago that I should have and was entitled to this; so this is the first time that I'm trying to get information on the matter. I was never told or known about this.

STORIES

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