Financial Advice on Divorce: Dividing Military Retirement Pay

Mens divorce lawyerQuestion:

I’m looking for financial advice on divorce regarding the division of my military retirement.

My ex-wife is getting part of my military retirement pay because we were married for part of the time I was in the Navy.

We have both since remarried to other military members, and I feel it is unfair for her to continue to collect part of my retirement when we are both remarried.

Can the retirement pay provision be modified so I no longer have to pay her?

Answer:

This answer only includes general divorce help for men since I am only licensed to practice in Missouri and am thus unable to provide any legal advice on divorce on the laws in your state.

I have had several military clients with your same concerns.

Unfortunately, the division of marital assets is determined by state law. In Missouri, assets are divided equitably. Generally, courts interpret the word “equitable” to mean equal, or 50/50.

In your situation, there are specific pension rules regarding the division of your military pension. As long as the correct time period is met, then your ex-wife had an interest in your marital pension.

Additionally, it sounds as if you have already completed the division of the asset. Generally, once a property division is entered the court does not have authority to modify that division. Therefore, you are obligated to perform the division as ordered in your prior divorce decree.

Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of your legal rights and legal advice on divorce, I urge you to contact a family law attorney immediately.

To set up an appointment with a Cordell & Cordell attorney, including Michelle Hughes, an Associate Attorney in the Jefferson County, Missouri office, please contact Cordell & Cordell.

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One comment on “Financial Advice on Divorce: Dividing Military Retirement Pay

    Perhaps check the CFR regarding division of military retired pay. Depending on the circumstances and context of the division, this person may be able to have the original order modified or negated. Federal law states that a person can only be eligible for one military pension, so if both parties are now remarried to other military members, this may mean that division of the first pension, divided by the state court, must stop, as the ex-spouse is now covered under the military pension rules of the new military spouse.

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