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Old 10-03-2008, 12:44 PM
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Retirement to spouse


What is the name of your state (only U.S. law)? Arkansas
If an ex-wife is getting part of a retired sailor's military retirement because they were married for more than 10 years can that pay be taken away from here if it was proven that she was married to more than one man at the same time for a short time while they were married?
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Old 10-03-2008, 01:02 PM
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I am not great with hypothetical questions, but I think it may have an impact on the validity of the marriage to the sailor, but only if she was married to the other man first. In that instance the marriage to the sailor would not be legal but it would require further action in order to rescind the court order to pay a portion of his retirement pay, hypothetically speaking.
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Old 10-03-2008, 09:41 PM
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The most likely result would probably be that for the "short time" she was married to two people her pro-rata share of the retirement would be docked (at least in a community property state). In other words, the ex-spouse typically gets a share depending on how long they were married and how long it took to gain the retirement. For example, if you were married the whole 20 years you served, she would get 1/2 ( 50% * 20/20). If it turned out she was multiply married for two of those years, it might change the amount to %50 * 18/20, or 45% instead of 50%. Of course, when years add up even a few percent can amount to some considerable cash.

Even if she was married to the other dude first, and you argue that your marriage was 'void', she would still probably be considered your "putative wife" for the time she wasn't multiply married and therefore you wouldn't be able to just erase your marriage completely. Like a lot of law, there are considerable variations depending on the jurisdiction so you will probably want to check with a local family-law specialist.

So you probably haven't struck a pot of gold, but it may still be worth your time (and a lawyer's fee) to see what it can get you.
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