Military retirement


#1

Dear dirtdart1991:

Let me look into this and I will get back to you. By the way, what does her Military Pension Division Order say?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

I don’t understand what you mean by military pension division order says. The divorce degree from the state of NC says that she would get 47.5% of his retirement. In paragraph 32 INDEMNIFICATION of the divorce degree it states "The husband has agreed not to pursue any course of action which would defeat, reduce or limit the wife’s right to receive her fair share of military pension benefits, including merging the retired pay with any other pension, or waiving any portion of the retired pay in order to recieve disability pay. The husband agrees to indemnify the wife for any breach of this paragraph by paying directly to her the difference between fifty percent (50%), or such other fraction as is specied above, of the marital portion of the disposable retired pay (unreduced due to any act on his part) and any reduced amount paid subsequent to the breach hereof. I hope this helps out some. Remember he has a choice to take the $30,000 and 40% at retirement or don’t take the money and get 50% at retirement.


#3

Dear dirtdart1991:

Greetings. I believe that you have answered your own question then. If the divorce decree says that he agrees not to pursue any course of action which would reduce or limit her right to her fair share, and he has voluntarily done so, you have a recourse. You should file a Motion to Show Cause against him for breach of the order.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

My wife is an ex-wife to a service member in the army. In her divorce degree it states that she gets half of his retirement when he retires at 20 years or more. When he came in the army he was to get 40% retirement at 20 years. Since then the army started something new. They will give him 50% at 20 years now unless he takes the 15 year mark bonus called the REDUX program. If he takes the bonus($30,000 after taxes around $22,000) and guarantees the army at least 20 years he would get 40% at twenty years instead of the 50%. He would’ve gotten it last year if he did. Is she entitled any of the $30,000?