Posted on Aug 28, 2017
Ex-Spouses Have No Claim to VA Disability Comp
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It is funny there are many people believe that ex-spouses are entitled to 50% of the retirement also but it is not always the case. I am divorced and have 100% of my retirement because I had a good lawyer, got child support for years also. Winner Winner chicken dinner.
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LCDR (Join to see)
Texas, the key is to fight the "Common Law" status of the retirement. Since my spouses actions were going to result in the premature termination (retirement) of my career the judge agreed that my retirement would not be common marital property. Finalized the divorce in July 2001 with a scheduled retirement date of October 1, 2001 at 18 years under hardship and I was to revert to an E-9 because I had not reach minimum time to be a permanent commission. On September 12 my retirement was vacated and I remained on active duty till 2006.
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CCMSgt Ed Bonfrancesco III
Texas probably ranks amongst the top most fair alimony states. Good for you !! I asked my lawyer if I should get divorced in PA or NJ (since I was only stationed in NJ, but always kept PA residency), and the lawyer lied to me, and told me there was no difference between PA and NJ in divorce laws. I was also divorced in PA, and only had to pay 1/3 of the length of the marriage, so I know I really got screwed !! Until I stop breathing, unless this Howell v Howell comes through for me. I was also divorced in 2001, just like you. Medically retired in 2005 with a permanent disability. The Jag's office was of no help to me. They denied knowing anything about which state I should file for divorce.
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LCDR (Join to see)
CCMSgt Ed Bonfrancesco III - Yeah lawyer pretty much suck, I got lucky but my advice to anyone going through the process is do not take the "Common Law" opinion at face value it is open to interpretation. Unfortunately in my experience the guy takes it in the shorts but it does not have to be that way. I got custody, child support and she has not gotten nothing from me.
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BTW, I don't agree with the lawyer on this article. Howell reaffirms Mansell. We have someone in Michigan going to the Supreme Court this fall. Should know more in early October.
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