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divorce decree help

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militarydivorce

New member
Does the paragraph below mean that I'll have to give my ex-wife part of my disability pay and my TSP (similar to a civilian 401K)?

It is further ordered, adjudged, and decreed that if Respondent takes any action that prevents, decreases, or limits the collection by Petitioner of the sums to be paid hereunder by application for, or an award of, disability compensation, combination of benefits with any other retirement pay, waiver for any reason, including as a result of federal service, or in any other way, Respondent shall make payments to Petitioner to remedy the action taken by Respondent. Any sums paid to Respondent that this court ordered to be paid to Petitioner shall be held by Respondent in constructive trust until actual payment to Petitioner.
 


LdiJ

Senior Member
Does the paragraph below mean that I'll have to give my ex-wife part of my disability pay and my TSP (similar to a civilian 401K)?

It is further ordered, adjudged, and decreed that if Respondent takes any action that prevents, decreases, or limits the collection by Petitioner of the sums to be paid hereunder by application for, or an award of, disability compensation, combination of benefits with any other retirement pay, waiver for any reason, including as a result of federal service, or in any other way, Respondent shall make payments to Petitioner to remedy the action taken by Respondent. Any sums paid to Respondent that this court ordered to be paid to Petitioner shall be held by Respondent in constructive trust until actual payment to Petitioner.
That paragraph needs to be taken into consideration as part of the whole divorce decree, rather than standing alone. However, I will tell you that military retirement is generally considered to be a marital asset that is divided between the parties. Run your divorce decree by a local attorney for interpretation.
 

militarydivorce

New member
That paragraph needs to be taken into consideration as part of the whole divorce decree, rather than standing alone. However, I will tell you that military retirement is generally considered to be a marital asset that is divided between the parties. Run your divorce decree by a local attorney for interpretation.
I’m asking if the sentence about “the sums to be paid hereunder by application for or an award of disability compensation, combination of any other retirement pay” mean that I’ll also have to pay my ex part of my disability and thrift savings plan on top of my retirement pay?
 

LdiJ

Senior Member
I’m asking if the sentence about “the sums to be paid hereunder by application for or an award of disability compensation, combination of any other retirement pay” mean that I’ll also have to pay my ex part of my disability and thrift savings plan on top of my retirement pay?
Very possibly. Run it by a local attorney for interpretation.
 

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