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Old 12-16-2010, 11:00 AM
grywlfjla grywlfjla is offline
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Join Date: Dec 2010
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Default Does anyone know about this????

My husband is retiring soon. In his divorce decree it states a formula concerning what his former spouse will be able to collect when he retires. I read on the DFAS site that if she does not apply for it through DFAS then she does not collect it. It also states that they will not go after the arrears is she does not apply and he does not pay her. If he retires and she does not apply for the retirement pay is that true that she loses out on the months she did not apply? Can anyone come after us for any back pay? She is not smart, did not have a lawyer and cannot afford one. Also she is remarried and she never gave DFAS the divorce decree or sent SBP a request stating she would want it when it comes time for my husband to retire. Also we were told by DFAS that if she is remarried she cannot get SBP. Nothing on the decree mentions former spouse. Nothing was changed in the separation agreement. Please educate me so we know what is ahead. Thanks.
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Old 12-16-2010, 11:52 AM
darrels joy's Avatar
darrels joy darrels joy is offline
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Location: Indian Springs
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All divided military retirement benefits cease upon the remarriage of the non-military spouse, or upon the death of either the military member or the ex-spouse.

Read more: How Do I Collect My Retirement From My Former Military Spouse? |

Go to your JAG office. Changes are happening all the time and some judges might give it back if she divorces this one.


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Old 12-17-2010, 07:37 AM
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I've also discovered the hard way that a divorced spouse can make one's life legally miserable as long and as often as they please, simply by filing another claim with the court or agency.

It doesn't matter whether they're right or wrong, nor if they win or lose.

They can keep you tied up defending yourself indefinitely, regardless what the laws say. It is always possible to find an attorney who will bring a law suit, frivolous and otherwise.

Missouri State Coordinator
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