If you did not enter into a separation agreement before you were divorced last time, you may not be entitled to a portion of the pension for the time it accrued during your previous marriage. If there is no previous separation agreement or court order regarding the retirement, you may only be entitled to a portion of the pension related to the number of years you were married during the second marriage.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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my question is this my ex is retired military we were married for a bout a total of 13yrs. We were married on dec. 31 of 1991 and divorced on sept, of 1998 and then remarried on july of 2000 and then divorced on july of 2007 the whole time she was on active duty and retired in 2005 i would like to know how is my portion of her pension counted is it total time or from last divorce.