Legal Question in Family Law in Pennsylvania
military retirement after divorce
I am stationed in Maryland and a resident of Pennsylvania. My ex wife is also a resident of pa. She moved back to pa, and moved in with her boy friend. I filed for a divorce in Maryland. She never responded to the divorce papers that she received. A divorce was granted to me. I was awarded custody of our two daughters. The divorce decree says nothing about my military retirement. I am told that she cant ask for it now because the divorce is final and she did not contest it or respond in any way. My question is if that is true? Also since I am a pa. resident can she file there for any of my retirement after I retire? Should I change my residency before I retire? What state has authority over my retirement, Pennsylvania or Maryland? Thanks
1 Answer from Attorneys
Re: military retirement after divorce
It is true that your former wife can't claim an interest in your military retirement benefits as a result of your divorce, since she didn't raise the issue at the time of the divorce. At this point no state, or state court, has jurisdiction over the issue of your retirement benefits, because the issue was never raised. The adminstrator of the retirement system, a part of the federal government, has jurisdiction over the disposition of your retirement benefits. If you have any questions about your former wife's right to claim a part, I suggest you raise the question with the military retirement authorities.
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