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harwayj · Jan 21, 2013, 07:36 PM

I am a military retiree and I got a divorce in 2002, and because I never attended the proceedings, my ex was awarded my retirement until I die or she dies. Is that legal or do I have a leg to stand on since she has remarried?

Fr_Chuck · Jan 21, 2013, 10:47 PM

Yes, since you did not show up, to represent your rights, she got what she asked for.

You can hire an attorney and see if any appeal can be done.

talaniman · Jan 22, 2013, 12:30 AM

Why didn't you attend the proceedings, or send a lawyer in your place?

joypulv · Jan 22, 2013, 12:57 AM

Military laws allow for a lot of extended time to postpone a divorce if you are on active duty when a spouse files. Did you know that; did you do that? You didn't even have a lawyer?

Just because it isn't fair that she still gets your pension after she remarries doesn't mean you have any rights now.

ScottGem · Jan 22, 2013, 04:18 AM

Unless you can show that your failure to appear was due to a military deployment, I doubt if you can do anything now.

It was perfectly legal for the court to award her your retirement. Since you didn't show to provide a fight, she won by default. You were then sent papers detailing the divorce settlement. So 10 years have gone by without your doing anything about this. The likelihood of getting it changed now is very slim. You need to consult an attorney who might be able to find a loophole.

By the way, her remarrying has absolutely nothing to do with this. If you were paying alimony it might, but not an award of your retirement.

harwayj · Jan 22, 2013, 09:10 AM

There was a lawyer representing me and I was not aware of the fact about her receiving my retirement until I die or she dies. To me it sounds like the lawyer was working on her behalf. I live in Texas and the ex wife lives in Kentucky and that is where the divorce proceedings were done. The lawyer did not consult me by phone or mail about the details of the retirement.
I was working in Texas and was not able to afford to go because I paid for the divorce that my ex had started. I had been retire for 4 years when my wife went and filed and I had went to the home of my ex wife within those years and she had a new male partner who had moved in and I was supporting her and my daughter. I was aware of anyone moving in with her until I went and surprised her and my daughter due to a death in my wife's family.

ScottGem · Jan 22, 2013, 09:58 AM

Then you need to go back to that lawyer and ask why he gave away your pension. Maybe he got some other concessions in return. But it sounds like you may have given him carte blanche to deal with the situation.

harwayj · Jan 22, 2013, 10:21 AM

Originally Posted by ScottGem

Then you need to go back to that lawyer and ask why he gave away your pension. Maybe he got some other concessions in return. But it sounds like you may have given him carte blanche to deal with the situation.

I went back to the lawyer that represented me at my divorce proceeding and she stated that she has moved out of that district and that I needed to find someone else to go back to court.

ScottGem · Jan 22, 2013, 11:28 AM

That's not what I suggested you ask. You have the right to ask about decisions made during your case. She can decline to represent you in the future. She may even bill you for the time to answer questions, but you should have the right to those answers.

harwayj · Jan 22, 2013, 11:46 AM

Originally Posted by ScottGem

That's not what I suggested you ask. You have the right to ask about decisions made during your case. She can decline to represent you in the future. She may even bill you for the time to answer questions, but you should have the right to those answers.

I had to identify myself and when she had handle the divorce and I ask why did she not defend me when it came to my retirement and she stated in accordance Poe vs Poe, Ky, App. 711 S.W.2d 849 that she was entitled to it until I die or she dies and that is when she went into that she has moved to another county. So I just gave up cause I felt it was a lost cause because she stated that Poe vs Poe thing.

AK lawyer · Jan 22, 2013, 12:08 PM

My understanding is that unless a proper QDRO is in place, the Pentagon will not honor it.

ScottGem · Jan 22, 2013, 12:14 PM

Hmm, I'm not so sure that Poe vs Poe forces the court to allow the awarding of the pension. Clearly it allows a court to do so, but the plaintiff would have to ask for it. So I'm guessing your ex had a smart lawyer who also knew Poe vs Poe and knew the court would grant it if they asked for it.

So it appears legal and that your attorney really didn't have much choice in agreeing to it.

Originally Posted by AK lawyer

My understanding is that unless a proper QDRO is in place, the Pentagon will not honor it.

I would agree with you, but since she appears to be collecting, a QDRO was properly filed.

JudyKayTee · Jan 22, 2013, 12:46 PM

Poe v Poe was groundbreaking - from what I'm reading - but I'm sure you know that. It appears that until that decision a military pension was somehow protected in a divorce. Poe vs Poe set forth a formula to divide a military pension and drastically and totally changed the law.

It's the same as any State which sets child support by Statute - a military pension is divided in accordance with law.

I don't understand your confusion. Did you read Poe vs Poe?

It would appear that nothing would be different if you had been there - it's the law.

talaniman · Jan 22, 2013, 01:01 PM

Your divorce was 11 years ago. What took so long?

cdad · Jan 22, 2013, 02:07 PM

Did the pensionor have a joinder and were they a party of this action? From poe v poe it was a matter of deciding that the pension was an asset of the marriage. She shouldn't be entitled to all of it only 1/2 of which the contribution that she contributed to by way of marriage.

How much of your pension was she actually awarded by the courts ?

harwayj · Jan 22, 2013, 03:54 PM

Okay, I found the QDRO in the documents that I requested from the clerk of courts and also I was sent the divorce decree from Dfense Finance and Accounting Center garnishment section with the divorce decree and not the QDRO which is in the packet that I have. We got married on the 2feb81 and Separated (which she return back to the states) Jul 1994 and have not been together since and looking at the paper of QDRO it said 40.15%.
So inother words you all are tellig me that I will be taking care of her and her new husband until she dies??

harwayj · Jan 22, 2013, 03:56 PM

Also to respond as to why I waited because my daughter was still in school and I wanted her not to have to want for nothing and at the sametime even though I was sending $1000.00 a month she still went and stated that I was not supporting her and I got hit for child support.

ScottGem · Jan 22, 2013, 05:27 PM

Yes she will get a portion of your pension for the rest of her life, 40% from what you posted.

harwayj · Jan 22, 2013, 06:35 PM

Well, I guess that is the end of that will be taking care of her and her husband until she dies??
Seems my lawyer did not know what she was doing and her lawyer did and even though I lived in Texas and not Kentucky their law's took presidence over me.

Thanks just will have to live with it

ScottGem · Jan 22, 2013, 06:44 PM

The divorce was filed in KY, they had jurisdiction. Probably nothing you could do about it.