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

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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 10 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.


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