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

UPDATED: Aug 10, 2012

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UPDATED: Aug 10, 2012Fact Checked

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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


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

Answered 10 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.

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 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.

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