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betteroffnow · Sep 17, 2012, 09:04 AM

My divorce was final in July 2010. My ex husband and I were married for over ten years. During this time, he was active duty in the US Army. During the divorce, I had to obtain a Restraining Order due to his outbreaks of anger. There were many other extenuating circumstances taking place during the year of the divorce proceedings. In order to "just get it finalized" so that I could move on and start a normal life, I did not request a portion of his retirement at the that time. The divorce decree states that I will retain my 401, (which is minimal) and that he shall retain his retirement. Is there any way to request his retirement? I was not thinking clearly during this time at all, as my sole goal was to stay as far away as possible from him and not aggravate him. I worked, took care of our kids, maintained the home front during deployments, and supported him during the ten years of marriage. Now that things have settled down, I'd like to find if I am legally able to take him back to court for this or request it through the military.

JudyKayTee · Sep 17, 2012, 09:18 AM

Originally Posted by betteroffnow

My divorce was final in July 2010. My ex husband and I were married for over ten years. During this time, he was active duty in the US Army. During the divorce, I had to obtain a Restraining Order due to his outbreaks of anger. There were many other extenuating circumstances taking place during the year of the divorce proceedings. In order to "just get it finalized" so that I could move on and start a normal life, I did not request a portion of his retirement at the that time. The divorce decree states that I will retain my 401, (which is minimal) and that he shall retain his retirement. Is there any way to request his retirement? I was not thinking clearly during this time at all, as my sole goal was to stay as far away as possible from him and not aggravate him. I worked, took care of our kids, maintained the home front during deployments, and supported him during the ten years of marriage. Now that things have settled down, I'd like to find if I am legally able to take him back to court for this or request it through the military.

There is a Court Order, to which you agreed.

You signed off on that pension.

I have no idea why your Attorney didn't address it with you, and I also don't know what the offsets were.

Unless you can PROVE some sort of undue pressure on you to sign (and I doubt you can do it because if you weren't able to make decisions that should have been argued by your Attorney at the time of the divorce) you are out of luck.

A lot of people have this form of "buyer's remorse," and the Courts very, very seldom take a second look.

Nblood · Sep 18, 2012, 10:05 PM

If you were still married yes, but you aren't so no. Simple

JudyKayTee · Sep 19, 2012, 06:20 AM

Originally Posted by Nblood

If you were still married yes, but you arent so no. Simple

What? Did you read the question? Is she eligible for her ex-husband's military retirement (pension) is the question.

"Not qualifying for the DFAS direct pay does not mean you are ineligible to a portion of the payment. In order to receive your portion, the criteria would need to be included as part of the divorce settlement agreement. Keep in mind that the award of military retired pay may be in addition to child support, and alimony or maintenance." http://www.military.com/money/retire...-military.html