I recently got divorced. We were married for 13yrs 11 monthe when I left. For the first 9 years of our marriage we were both active duty but when we got divorced they figured her entittlement for the entire 13yrs 11 months. Should the court have prorated it for the time she was in or waved the 9 years in the calculation or do I need to have them add to the decree that I am entitled to 9 years of her gov. retirement if she ever collects one because there was nothing about her military service add anywhere. If this is covered somewhere then where can I find it to take to the courts. Thank you for any help I can get in this troubling case. The divorce is in riverside California.

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Originally Posted by NAVYDAVY

i recently got divorced. we were married for 13yrs 11 monthe when i left. For the first 9 years of our marriage we were both active duty but when we got divorced they figured her entittlement for the entire 13yrs 11 months. should the court have prorated it for the time she was in or waved the 9 years in the calculation or do i need to have them add to the decree that i am entitled to 9 years of her gov. retirement if she ever collects one because there was nothing about her military service add anywhere. if this is covered somewhere then where can i find it to take to the courts. thank you for any help i can get in this troubling case. the divorce is in riverside california.

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The divorce has been granted but you don't agree with the figures?

Or something else?

Once it's done, it's done - the time to make the argument is before the decree or order is issued.

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Originally Posted by JudyKayTee

The divorce has been granted but you don't agree with the figures?

Or something else?

Once it's done, it's done - the time to make the argument is before the decree or order is issued.

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The divorce has ben granted already but I disagree with the figures I think her 9 years of service should be removed from the calculation because she wasn't a dependent so we both had equal shares for 9 years. My lawyer to me I needed to agree to it then to finalize the divorce then put in to change things afterwards but I'm beginning to think he just wanted to finish and get his money. I'm trying to find out now if it can be changed and where id find the rules for dual military retirement to show the judge.

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Originally Posted by NAVYDAVY

the divorce has ben granted already but i disagree with the figures i think her 9 years of service should be removed from the calculation because she wasnt a dependent so we both had equal shares for 9 years. my lawyer to me i needed to agree to it then to finalize the divorce then put in to change things afterwards but im begining to think he just wanted to finish and get his money. i'm trying to find out now if it can be changed and where id find the rules for dual military retirement to show the judge.

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I'm in NY - once the figures are set if no one objects that's pretty much "it" when it comes to the division of assets.

Community property, of course, is alien to me because that's not the case in NY.