retirement

[Pacheco]

arizona
i was married for 18 1/2 yrs to a military person. have been divorced for 3yrs. he remarried and now i want to remarry.
in my divorce papers it says i get half of his retirement, do i
still get half if i get married now.

 

[I AM ALWAYS LIABLE]

My response:

Why hasn't your half of the retirement funds been distributed to you already ? Did your attorney discuss the QDRO ("qualified domestic relations order") with you ?

What are the exact specifics regarding the division of his retirement in your Marital Settlement Agreement ? In your response, please quote the wording from your MSA.

IAAL

 

[Pacheco]

he is still in the service, he reenlisted for 4more yrs. which will be 24yrs in. i don't have an attorney can't afford one. the papers say.
the respondent shall waive in favor of petitioner 100% of all present and future to any and all accrued retirement benefits.
the petitioner shall pay over in favor of respondent 50% of all present and future claims to any and all accrued retirement benefits from the united states air force. i don't want to lose my retirement but i do want to get married.

 

[Grandma B]

Your portion of his retirement pay is granted because of the years you were married to him. It is not affected by his or your future marital status.

 

[I AM ALWAYS LIABLE]

My response:

Sorry, but unless you have a working knowledge of law, you're going to need to get yourself an attorney to write all of the QDRO forms and other pleadings necessary to get your money. QDRO forms, once approved by the court, are Orders that the military will recognize, and will then follow those Orders to send you your money. Until they receive your QDRO Orders, your money will just sit there, gaining more interest for him - - and not for you.

Good luck to you.

IAAL