Can I go for military retirement after a divorce has been finalized?

UPDATED: Oct 1, 2022

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Can I go for military retirement after a divorce has been finalized?

Divorced a year and half ago. It was an uncontested divorce on my part as I had no money for an attorney at the time. Can I now go after my share of my ex-husband’s military retirement? We were married for 22 years and he has 4 years in until retirement.

Asked on August 11, 2018 under Family Law, Indiana


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

Answered 4 years ago | Contributor

You need to take all the documents to an attorney to read asap.  My fear is that you waived your right to his pension and that the documents say just that.  You had every right to your marital portion (which is calculated in a different manner than a non-military pension so you need an expert for that) but maybe not now.  Get help.  Good luck.

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