secondwife37
recently joined
Reged: 01/21/10
Posts: 19
Loc: From CT living in NC
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When my husband divorced his ex his divorce decree states that she get a part of the pay but they put in years months and days. I am assuming this means she will only get a percentage of the pay at the time she was separated. It states years with months in order to calculate but it does not give an amount. It only breaks down how long they were married to the time of separation. I am hoping she cannot get anything he has earned after that. He is still active duty. just curious if someone can help me understand and should we get an attorney to assist my husband when he goes to DFAS when he plan son retiring?
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Animals.....are my favorite people
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elliesmom
Carpal \'Tunnel
Reged: 11/07/05
Posts: 8835
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Were they married for 10 years?
If no, then there is no reason to go to DFAS. He can calculate it himself and pay her directly. He will need her SSN so he can indicate on his taxes that it was paid to her and she owes the taxes on it.
If yes, then I would hire and attorney to prepare a QDRO that spells out to DFAS what she gets paid and submit it to the judge for signature. You can do that now.
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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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Reged: 10/05/06
Posts: 26804
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What is the language that divides the retirment?
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secondwife37
recently joined
Reged: 01/21/10
Posts: 19
Loc: From CT living in NC
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it says in years and months that is it and that she will get a percetage based on the years and months to the separation date. the years and months are already calculated but there is no amount listed. can we get an amount before he retires?
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Animals.....are my favorite people
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26804
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Is it a formula where the number of months married while on active duty is divided by the number of months he will end up serving?
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secondwife37
recently joined
Reged: 01/21/10
Posts: 19
Loc: From CT living in NC
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the lawyer told us she will not get anything past the separation date only an amount during the time of the marriage are you saying that is not true?
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Animals.....are my favorite people
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26804
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I am not saying anything of the sort. I do not know. That is why I asked for the specific language of the division. If you have a formula written in, and part of the formula is goiing to be determined by the amount of time he serves, then it will change over time, and the amount will change over time. For example; if they married for 100 months, and he served 300 months, the she would get 1/2 of the result, or 1/2 half of 1/3 which is 1/6th. If he serves longer than 300 months, then the percentage goes down, the longer he serves. Other formulas are 2.5 x the amount of years married while on active duty. Married for 10 years would get roughly 25% of his retirement. There are different ways to do it. It sounds like it is a formula, but waiting on when he retires to fill in the last part and determine the percentage. I have no idea. You need the exact wording to actually get a decent answer.
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