If I was divorced12 years agoand my divorce decree didn’t address my military pension, is there a statute of limitations for my ex to bring this back up?

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If I was divorced12 years agoand my divorce decree didn’t address my military pension, is there a statute of limitations for my ex to bring this back up?

Asked on July 28, 2011 Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to carefully review your dissolution decree and see if there is any language within it mentioning the court's jurisdiction over your dissolution action continuing and if there is any language about omitted items in the agreement but later discovered.

If the decree says nothing about the court having jurisdiction over your dissolution and that the decree is a final decree as to all items mentioned and not mentioned within the document, it appears that after the passage of twelve years of the final order, your former spouse would be barred from making a new claim for your military pension.

If there has been no claim yet as toyour military pension, I doubt that one will be made in the future.


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