Legal Question in Military Law in Colorado

Sue an ex-spouse for military portion of his retirement

My ex and I finalized our divorce December 2008. He moved out of our marital residence June 2007. I filed divorce papers June 2008. When he moved out, he only gave me $1200 in child support up until our divorce finalized in December 2008. It was then determined that I am entitled to 35% of his military retirement that he did not give me when he moved out. Can I take him to court over this? I've been struggling with the $1200 for a year and a half after he moved out and now the court has determined that I am supposed to get more from him because he makes 3x more than me. I live in Colorado.


Asked on 4/26/09, 4:21 pm

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Sue an ex-spouse for military portion of his retirement

There are two questions here. First, what was the agreement at separation and what was the decree of the court. I am not licensed in Colorado, I can only speak in general terms. At the time of separation there is a contract or agreement of separation. These are usually the support terms until a decree of divorce is made. This is known as temporary maintenance support.

The second part is the amount that he owes you because of the divorce decree. In my estimation, what you agreed to at separation is what you received. If you were not representred by an attorney, this was to your detriment because of the paucity of the settlement. I do not believe that you would collect the money if you went back to court to collect it.

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Answered on 4/26/09, 4:30 pm


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