Can my soon-to-be ex-spouse deny me of part of his retirement pay after 22 years of marriage?

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Can my soon-to-be ex-spouse deny me of part of his retirement pay after 22 years of marriage?

My spouse is retired Air Force. I filed a divorce paper here where I’m living; my spouse is residing in another state. He hired a lawyer here asking his lawyer to do what he can so that I don’t get a penny of his retirement. Is this possible?

Asked on August 10, 2012 under Family Law, California

Answers:

Kristina Combs / The Law Firm of Kristina L. Combs, PLLC

Answered 9 years ago | Contributor

As a military member's spouse you are entitled to a portion of the military member's retirement in the event of a divorce based on the time of service and the time of marriage.  A number of factors are involved in calculating a spouse's portion of military retirement.  I recommend that you get an attorney who is familiar with military divorces so they can make sure that your portion of the military retirement is calculated accurately.


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