Warrenton, VA asked in Divorce for Virginia

Q: I was married to an active duty military member for 20 years. Am I entitled to his retirment benefits

The retirement benefits were not included in our divorce settlement. He was also paying alimony at the time of his death, which he was to pay for 10 years - up until 2014, he died in 2010. Can I collect this money from his retirement?

Related Topics:
1 Lawyer Answer
Gary D. Godman
Gary D. Godman
Answered
  • Stafford, VA
  • Licensed in Virginia

A: If it wasn't included in the settlement, I think it may be too late for you to take advantage. Some of this depends on the actual wording of the divorce decree and settlement documents. Contact the attorney you had during the divorce for guidance. If you didn't have one, contact a local divorce attorney who understands how military benefits are affected by divorce. I fear you are out of luck, but I'd certainly be happy to be proved wrong in this instance. Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.