Q: My divorce 41 years ago didn’t award ex any of my future military pension. Ex has been attempting to get my pension.
Divorce was in Summit County, Akron Ohio. I now live in Atlanta Georgia area and ex lives in Dayton Ohio. Marriage overlapped 9,1/2 years service.
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A:
If your divorce decree did not award any portion of your military pension to your ex-spouse at the time of the divorce, it is generally difficult for them to claim it after the fact. In Ohio, courts usually make final rulings on division of assets at the time of divorce, and retroactively reopening cases is uncommon unless there was fraud or some significant error in the original proceedings. Since your ex has already attempted to pursue your pension, it's important to understand what legal grounds they are relying on.
Federal law, specifically the Uniformed Services Former Spouses' Protection Act (USFSPA), allows states to divide military retirement pay in divorces, but it does not automatically grant ex-spouses rights to it. In your case, since the divorce was finalized over 40 years ago, the statute of limitations and the finality of divorce decrees may work in your favor.
It would be wise to gather all relevant documentation, such as your divorce decree and military service records, and remain cautious of any legal attempts to reopen the case. Keep yourself informed of any correspondence related to this matter.
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