We were divorced 20+ years ago, at the time of the divorce he was getting out of the military with 16 years in . ( We were married 14 of that) ... the divorce was final and then he went back in the reserve, got a promotion and retired. Because he was getting out there was nothing put in the final divorce decree about military retirement. I recently learned he is getting a pension even though he took the "early out". He received about 90,000 I got 18.000 of that. Because of how long we were married of course I feel I should get a portion of that , is this possible?
While the answer is dependent on the law of the state in which you divorced, and so you should check with an attorney in that state, it is unlikely you will be able to change the decree at this time to divide the military retirement.
The law favors finality of judgments, and so there are only a few narrow exceptions to let you go back and try to re-litigate the decree -- and those usually have to be done in a short amount of time, such as within as little as 10 days and seldom more than 90 days.
You should consult with a local family law attorney. these facts do not add up to me. Why did you receive so little. Were you aware of the value of the pension and did you waive it or did it become so much more valuable after the divorce. You are not entitled to any of the after the divorce pension that was earned. if you knew about the pension and waived it you are going to be out of luck .. I do believe it is worth talking to a divorce attorney about in person. I do not have enough facts to give any final advice on this matter. There just is not enough information here to base my opinion on.
IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.
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