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Military Retirement to my Former Spouse

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rtime

Junior Member
What is the name of your state (only U.S. law)? NC

Hello,

I am hoping to get some help.I was divorced in 2003 from the state of Missiouri.I live in North Carolina now as a retired Marine. I am wondering if there is every really any relief from paying my former spouse a portion of my retirement pay which is 42.5% because we were married 17 years.I never got a lawyer and just signed where her lawyer told me to and got it over with, since I did not show up of course all she ask for went through.I know better now which is a lesson learned.Does anyone know if you can have it changed or reduced ever!!! I had heard if she remarries it would stop...then found out that is probably not so.Then I heard that if I remarry it would stop...I am remarried. But then I heard that is probably not so either.HAs anyone ever had any luck with this at all.Any help would be great.
ThanksWhat is the name of your state (only U.S. law)?
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? NC

Hello,

I am hoping to get some help.I was divorced in 2003 from the state of Missiouri.I live in North Carolina now as a retired Marine. I am wondering if there is every really any relief from paying my former spouse a portion of my retirement pay which is 42.5% because we were married 17 years.I never got a lawyer and just signed where her lawyer told me to and got it over with, since I did not show up of course all she ask for went through.I know better now which is a lesson learned.Does anyone know if you can have it changed or reduced ever!!! I had heard if she remarries it would stop...then found out that is probably not so.Then I heard that if I remarry it would stop...I am remarried. But then I heard that is probably not so either.HAs anyone ever had any luck with this at all.Any help would be great.
ThanksWhat is the name of your state (only U.S. law)?
What, exactly, does your divorce paperwork say on the topic of modification of alimony?
 

rtime

Junior Member
military retirement

The state of missiouri does not see mililtary retirment as alimony but community property.(I think they call it that)It just states that when vested she was married to me for 17 years and intitling her to 42.5% of my retired pay.
 

LdiJ

Senior Member
What, exactly, does your divorce paperwork say on the topic of modification of alimony?
Silver, military retirement pay is not alimony, its a divided marital asset. (like dividing an IRA or 401K).

rtime, no, your military pay was a marital asset that was divided at the time that you divorced. There is no ability to modify the order.

You might have been able to exchange your military retirement for other marital assets at the time of the divorce, but its too late for that now.
 

Silverplum

Senior Member
Silver, military retirement pay is not alimony, its a divided marital asset. (like dividing an IRA or 401K).

rtime, no, your military pay was a marital asset that was divided at the time that you divorced. There is no ability to modify the order.

You might have been able to exchange your military retirement for other marital assets at the time of the divorce, but its too late for that now.
Sorry -- I was fooled by the "alimony" heading.
 

rtime

Junior Member
Military retirement

Sorry I did not know where to post that exactly.I wonder why attorneys will ask you if you are remarried or if they are remarried when you ask them about having that changed? guess they give it a shot even if it's a long one. Well I did hear that they were changing the law this year that if they remarry it would stop, hope that would be retro active!!!

I know had I gotten a lawyer and proven that we were separated for 5 years and she had a child by another man, that they would have probably considered that supporting years because they are allowed to consider those kinds of things.We were really only together about 11 of those 17 years.
Thanks
 

LdiJ

Senior Member
Sorry I did not know where to post that exactly.I wonder why attorneys will ask you if you are remarried or if they are remarried when you ask them about having that changed? guess they give it a shot even if it's a long one. Well I did hear that they were changing the law this year that if they remarry it would stop, hope that would be retro active!!!

I know had I gotten a lawyer and proven that we were separated for 5 years and she had a child by another man, that they would have probably considered that supporting years because they are allowed to consider those kinds of things.We were really only together about 11 of those 17 years.
Thanks
10 years is all it takes. You might have been able to argue for a smaller percentage, back when it happened, but again, its too late for that now.

I also sincerely doubt that the law will change on that issue.....because its a property issue, and no different than any other retirement assets. The only reason why it was completely divided (and therefore not a constant reminder) is because the military doesn't allow for it to be divided on a lump sum basis.
 

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