Q: Is it possible to Divide military retired pay post divorce?
My Ex husband retired from the navy 2018. We got Divorced 2016 CA. Married over 20 years. He waived CA jurisdiction for retirement pay..home of record is AZ where we both live now. I was given alimony but not retirement. In MSA it says it's his separate property. Is it possible to divide it?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
It can be challenging to divide military retired pay post-divorce if the division wasn't included in the original divorce settlement. In your case, since the marital settlement agreement (MSA) specifies that the retirement pay is his separate property, changing this now might require legal action.
Given that your ex-husband waived California jurisdiction for retirement pay, and considering the current jurisdiction is Arizona, you may need to consult an attorney in Arizona to explore your options. There could be a possibility if there are any legal grounds to modify the agreement or if there was any oversight during the divorce proceedings.
Since you were married for over 20 years, the 20/20/20 rule might be relevant, which generally allows for certain benefits, but it might not directly impact the division of retired pay. Speaking with a legal professional who understands military divorce and retired pay is crucial to determine if you have any potential recourse.
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.
