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Am i entitled to half my husband's army pension?
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Am i entitled to half my husband's army pension?

we were married for 9 yrs,then divorced (we were married in england and divorced in america as he was in us army) there were three children in this marriage. he is now retired and living in the us with his 3rd wife (i was 1st wife and have never remarried) he is receiving his army pension. since the divorce the children are now grown and married the divorce was on mutual terms) as i spent all those years with him and our children, am i entitled to any of his army pension (whether he is alive or dead?)


    




vagabond_52773
Rating
If you were married to him for 10 years, then maybe.

However in most cases, a judge will usually take how many years you were married against how many he served. For example, if you were married 12 years together in the military and he stayed in 20, the judge would look at 60% of the retirement and give you half of that.. so about 30%. Since you were married less then 10 years, its hard to say. This is true for a lot of cases, but not all. It also depends on the laws of the state you were divorced in.

Also, since more then likely this was over 10 years ago, you may not get anything anyway.

On a personal note, leave him alone. If it was a mutual separation, then you should get nothing since you didn't take this into account at that time. Maybe he should get half of your retirement too.


Nick
Rating
get a job and quit trying to get your husbands hard worked money.


Jon B
No, You would have had to be with him for the whole time of his service.
You also said the divorce was already settled , so there is nothing else can happen.
Sorry!


Barry McCockiner.
Jesus woman leave the man alone!


tpa1083
You're no longer married. The only thing he'd owe you is alimony, but if it was a clean split then I doubt you get anything. The kids are grown so there's no need to pay you any type of support. So no, if you want money you'll have to get a job.


twins4me
Rating
i'm going to guess no on this one. i would think his new wife would get it.

sorry!


Kim
Rating
You have to be married for 10 years so you just missed it by a year which I'm glad, gold digging women like you make me sick. Why would you want to live off of someone else. I could see you getting child support but your kids are grown. I think WalMart is hiring.


Group Captain Lionel Mandrake
no


oneiloilokano
No. You had to have been married for at least 10 years while he was serving on active duty. There is nothing for you when he dies unless he felt he wanted to leave you something in his will.


Sean R
he worked for the money


AL G
this is a veryfoggy area.
If you petitioned the divorce in the UK then UK law would apply, even if he was in the US at the time. You should have claimed a portion of his pension as part of the petition. If he served for 10 years, and you were married for 9 of these, then you would be entitled to half the part he earned while you were married - a total of 45% - If you have now decided to claim this part then you may well have problems as you've left it so long.


sdiverjw
There is a law in america, (The Military Spouses Protection Act) would entitle you to half of this pension, but requires you to be married for 10 years while he was on active duty. Since you were married for 9, I don't think this law would apply. After this, it would depend on the state you were divorced and exactly what the divorce decree stated. Since the divorce has been settled it is difficult to get any agreements changed after the fact.


frankturk50
Rating
In the UK you would have automatically given up those rights on remarrying.


DukeofDixie
Rating
If you were married to him for 10 years while he was in the armed forces


Mrsjvb
no. you must have been married at least ten years of his 20 year military career to be eligible to request it through the divorce settlement.





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