Q: Divide military retired pay post divorce (AZ) HELP PLEASE
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?
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A:
It is possible to divide military retired pay post-divorce, even if it was initially designated as separate property in your marital settlement agreement (MSA). Given that you were married for over 20 years and your ex-husband served in the Navy during that time, you may be entitled to a portion of his military retirement pay under the Uniformed Services Former Spouses' Protection Act (USFSPA). This federal law allows state courts to divide military retired pay as marital property in divorce cases.
Since your divorce occurred in California but you both now reside in Arizona, you should consult Arizona state laws regarding the division of military retired pay. You might need to file a petition with the Arizona family court to modify the original divorce decree or MSA to include a portion of the military retirement pay.
It's crucial to act promptly and seek legal advice to understand your rights and the appropriate legal procedures. An experienced attorney in military divorce and retirement benefits can help you navigate the process and ensure that you receive any benefits you are entitled to.
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