Legal Question in Family Law in Maryland

Separation Agreement and Divorce - Retirement/Survivorship Benefits

Married 11/13/93; Divorced 10/24/03. Ex- was Army Nat'l Guard active duty when we married; left active duty during marriage; stayed reserves. He then was ''retired'' honorably in 7/01 at age 51. Separation Agreement: He signed marital home over to me and all marital property. Also agreed to RE: Military Retirement Pension and Survivorship Benefits as: he ''shall'' cause any such benefits to be so endorsed that I shall be named therein as primary irrevocable beneficiary of marital proceeds upon his death; and 1/2 of his marital retirement benefits (military - with the standard formula based on years of marriage.) The attorney who ''represented'' me -- did not. Disbarment procedures initiated by his partner in the middle of my divorce. I had no further ''representation'' -- I had no QUADRO filed --2 weeks ago I initiated phone calls with National Guard and was informed I get nothing as he was not active duty for ten years of our marriage. Is this true? He pledged this retirement benefit under oath. Do I have recourse in civilian and/or military courts of law? Please advise.


Asked on 9/26/04, 10:31 pm

1 Answer from Attorneys
Alan Albin Alan S. Albin, Attorney at Law

Re: Separation Agreement and Divorce - Retirement/Survivorship Benefits

You clearly need to retain an attorney at once, as many thousands of dollars of benefits are at stake. In order to answer your questions, your attorney would have to do a complete review of the prior court file and any other relevant documentation bearing on the matter. I would not at all rely on some phone call you had with a National Guard representative. You need to retain an attorney to review your file and help you resolve your rights to benefits.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/28/04, 12:08 pm


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