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Nov 29
1999
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Ask a Lawyer: Military Retirement PayPosted by Dads Divorce in retirement , pay , MO , military , Maintenance , decree , Child Support , assets , Ask A Lawyer , allocation , air force |
Question:
My husband will be retiring soon from the Air Force and his ex wants, and according to the Air Force, is entitled to half his retirement pay. She ran out on him and left him with 4 kids and all of the bills while she was off doing "her own thing". Have you heard of anyone challenging the military on the automatic payment of 50% of retirement to the ex spouse. I understand why it was originally writte; to protect wives that were run out on, but she did it to him! It just seems so wrong !!!
Answer:
He will need to check with the Air Force regarding his specific plan. Does it state she is entitled as the ex-wife? What about the divorce decree? These are very factually specific. Please check these documents and speak to an attorney to see if you have any remedies. However, if she was allocated some benefits in the divorce then you most likely will not be able to challenge it.
