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ihateusfspa
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Reged: 04/18/10
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Military to civil service post divorce
      #653250 - 04/18/10 07:01 PM

My husband's ex-wife was awarded 50% of his military retirement capped at his current rank and time in service at the time of the divorce. He is leaving the military and will not be retiring. When an ex-military person goes to work for the government as a civilian (civil service), he/she can buy back their military time to count toward a civil service retirement. My husband had 9 years military service at the time of his divorce and will have almost 3 years service post divorce upon his exit from the military. Keep in mind that her share was capped at the 9 years. I have two questions based on this information:

1. If he bought back all 12 years toward a civil service retirement, can she sue him for her 9 years portion and receive part of a civil service retirement?

2. If he bought back just the post divorce time which she was not awarded or if he didn't buy anything back and just started working as a civil servant (post divorce of course), could she sue him for and receive any portion of the civil service retirement?

Thanks to anyone for any help that can be given.


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Miranda
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Re: Military to civil service post divorce [Re: ihateusfspa]
      #653255 - 04/18/10 07:23 PM

Ummmm I guess it would depend on how it was worded. She was awarded military retirement. He is not retiring from the military so she would get half of ZERO.

What he buys back is really none of her concern. And if she wants to make it her concern, then she can pay for it herself. I think that would be a whole different issue not addressed in the decree.

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ihateusfspa
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Re: Military to civil service post divorce [Re: Miranda]
      #653397 - 04/19/10 09:52 AM

Thanks for that info. Yes it specifically states military retirement. The decree would have to be amended to include a civil service retirement which of course she would have to take him to court to get done. I am just concerned that she would still have some sort of interest in a civil service retirement. I am basing it on the wording in the USFSPA law. But then I go back to the specific wording of his divorce decree that only speaks of a military retirement.

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Miranda
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Re: Military to civil service post divorce [Re: ihateusfspa]
      #653404 - 04/19/10 10:16 AM

He is bound by the decree. The USFSPA has nothing to do with it after the decree is entered and ordered. I don't think she would have any basis to obtain or privy to information regarding his new job.

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13.1...because I am only half crazy!


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elliesmom
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Re: Military to civil service post divorce [Re: Miranda]
      #653410 - 04/19/10 10:36 AM

I suppose to be safe he could could only buy half of his years in the military while he was married to her when he transfers? That way the half that was his as well as the years afterward could easily be determined to be "his" if she ever pursued a modification.

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Forgiveness is...letting go of the hope that the past can be changed.


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Miranda
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Re: Military to civil service post divorce [Re: elliesmom]
      #653443 - 04/19/10 11:36 AM

What right would she even have to modify. He got out, he is allowed to do that. Unless the order states that he has to pay her a certain dollar amount regardless if or when he retires from the military, then I think it is moot.

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13.1...because I am only half crazy!


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elliesmom
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Re: Military to civil service post divorce [Re: Miranda]
      #653448 - 04/19/10 11:41 AM

same right as the women who got x percent of their ex's retirement who went back and got them to order the men to pay the percent out of their disability? I am never shocked by what family court judges do.

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Forgiveness is...letting go of the hope that the past can be changed.


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Redlegg
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Re: Military to civil service post divorce [Re: elliesmom]
      #653482 - 04/19/10 12:34 PM

I would not even worry about it. I would send her a copy of the 214, just to let her know you are out, and she is not getting anything, we are talking a few years down the road. If she could go back and get part of a civil service retirement, she could probably get a piece of any retirement.

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ihateusfspa
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Re: Military to civil service post divorce [Re: Redlegg]
      #653597 - 04/19/10 02:58 PM

Thanks for all the discussion! I have been doing in-depth research on Minnesota law (where the divorce is filed) and based on state statutes, the division of property (military pension being property) cannot be modified more than a year after the divorce unless he isn't meeting his obligations (child support, etc) which he is. I will review the pension portion of his decree one more time for verification but I am sure that it only speaks to a military pension - not a civil service one in which case he should be able to buy back ALL of his military time toward a civil service retirement without the worries of her suing for part of it.

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ihateusfspa
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Re: Military to civil service post divorce [Re: ihateusfspa]
      #653614 - 04/19/10 03:23 PM

I just read his decree. Unfortunately, it plainly states that if he chooses not to retire, goes to work as a civil servant, and wants to roll over his military time, she is entitled to her portion of the retirement. In other words, he is giving up his 9 years that she was awarded but can buy back the 3 years post divorce for a civil service retirement and she can't touch him. The inequity and antiquity of the USFSPA sickens me.

Thanks again for all your discussion about my case.


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