Legal Question in Family Law in Indiana

Military Retirement

My husband is re-enlisting in the National Guard and will be eligible for retirement after 5 years (he served 15 years prior). He was married to his first wife for 12 years, divorced for 9 years and we've been married 3 years. Does his ex-wife have any rights to his retirement from the military? Is there anything he needs to do prior to re-enlisting to prevent her from claiming anything?

Thanks.


Asked on 3/12/07, 11:18 am

2 Answers from Attorneys
Samuel Hasler Samuel Hasler

Re: Military Retirement

Whether she has any rights to his retirement depends on what the divorce decree said on the subject. If it says nothing, then she gets nothing.

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Answered on 3/12/07, 11:53 am

Re: Military Retirement

This would depend on whether the divorce decree has a provision for dividing the pension. If it does, you should have an attorney review the document anyway, because the military is very specific about what language needs to be included in the decree. If the language is not correct, your husband may be off the hook regardless of wheeter the decree addresses the issue or not.

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Answered on 3/12/07, 1:00 pm


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