AmI entitled to my former husband’s Navy retirement benefit?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

AmI entitled to my former husband’s Navy retirement benefit?

I was married for 9.5 years to a retried navy member. I responded to a request to appear in court while I was in Puerto Rico. I responded through a local lawyer in Puerto Rico that I was not able to appear, due to finance. H,owever I could appear later, I never received a response. He is closeto retirement and he and his current wife are about to divorce. Since I was his first wife am I entitled to any benefits? We have 3 young adult children; they have 1.

Asked on July 12, 2011 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Oh my goodness.  Please do not tell me that you did not address this issue when you got divorced.  Calculating the right of a spouse to a military pension is very different than calculating the right of a spouse to a "regular" pension.  How the military calculates the accrual of a pension is key to your calculation.  But this issue should have been addressed when you were divorced years ago.  I am thinking that it was if you were summoned to appear in court regarding it at this point in time.  Please have that local lawyer contact all parties on your behalf and contact the court as well here.  And soon.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption