Posted on Jan 16, 2026
LTC Stephen Conway
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I had a Summary Dissolution Divorce in California in 1998. Can my 1st Wife take my Army pension and property?

I had no kids. We had limited assets. We were married about 3.5 years.

I remarried with my Canadian-born Wife in Las Vegas in 2006. She has a retired Native Canadian friend who was a paralegal in California 20 years ago. She knew of retired American service members who passed and the ex Wife got everything.

I set up a Trust for my California Estate. It names my 2nd Wife as the Trustee. The Family Trust names my Children as well. One is 18 and the other is 15 now.

My 2nd Wife believes the my Ex -Wife can file and the military will override my wishes and give property to my Ex Wife and exclude my Wife and kids from estate. I inherited my late Mother's home in California a few years ago. My Wife has spoken to my lawyer and is not convinced due to her retired paralegal friend confusing her bad experiences with the Living Trust I set up with my Family attorney in California.

Those who are JAG may have encountered this. Any legal statutes I can show my Wife to give her peace of mind.
Posted in these groups: Photo JAGDivorce DivorceMilitaryfamily Military FamilyImgres Law
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Responses: 5
PO3 Phyllis Maynard
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LTC Stephen Conway I am not a JAG. But, I seem to remember something about being married 20 years of more (1st spouse) is locked in to a share, after the member's death. The Living Trust piece, I do not know if there is some kind challenge based on the military guarantee to the 20+ year spouse. Contact the Commanding Officer's Office at a Naval Base. Explain your concern and request a meeting with the CO to see if he will assist you in getting a clear, correct answer.
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LTC Stephen Conway
LTC Stephen Conway
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PO3 Phyllis Maynard
PO3 Phyllis Maynard
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LTC Stephen Conway well yeah, if the ex signs a legal binding document, that is just like a post nuptial agreement.
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LTC Kevin B.
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I don't see how the military can touch your estate. California might have laws covering that, but not the military. I think the only piece the military can touch would be a pension, and even then, she'd only get a portion equivalent to how long you were married relative to how long you served.
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COL Randall Cudworth
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Stephen, I believe this was asked and answered previously - https://www.rallypoint.com/answers/have-you-had-issues-with-california-giving-your-1st-wife-your-assets-and-your-military-retirement-pay-to-her

DFAS has an extensive FAQ regarding former spouses and their entitlements, or lack thereof.
https://www.dfas.mil/RetiredMilitary/provide/sbp/coverage/

If your wife is having trust issues with the advice legal professionals are giving her, that is beyond the scope of any answer you'll get on a social media platform.
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