ihateusfspa
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Reged: 04/18/10
Posts: 5
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Military to civil service post divorce
04/18/10 07:01 PM
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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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