El Paso, TX asked in Divorce and Military Law for Texas

Q: My divorce decree states that my ex is entitled to 50% of my military retired pay. Is it possible to change that?

Divorce was in Utah, finalized in 2014. I would like to know what are my odds of having that reversed or lessened.

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1 Lawyer Answer
Patrick Korody
Patrick Korody
  • Military Law Lawyer

A: This is a very complex issue that I see all of the time. I am not a Utah lawyer - you need to speak to a Utah lawyer who has substantial experience in military retirement, how it is calculated, and how the it can be divided by a Utah court. Generally, different laws apply on whether the language was following a mediation/consent agreement or if the judge came up with it in an order following a trial. The specific language of the provision also matters. Chances of getting it thrown entirely out are low - but looking at the specific language there may be a way to decrease the actual amount of entitlement. Generally, if DFAS rejected the provision (assuming it was a10/10 spouse), then there is room to attack the language.

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