Legal Question in Family Law in Virginia
Retired military pension for separated spouses
My father abandoned my mother and they have been married for nearly 30 years, with 18 of those with him in active duty. He has gone to the Phiippines and has cut her off from any type of financial support. My husband and I are supporting her (in the US) but she is disabled and it is straining our budget. I know she is entitled to half of his pension, does she need a court order to get it? We have had no contact in 2 years. He is also claiming her on his tax returns. Do we address the DoD in Cleveland on this matter or need to go to court? If we need to go to court, will a separation have to filed? Can we get emergency alimony for her? What about retropay? Since there are no assets to be divided, could we file for a separation/divorce on our own? She just wants her half of the pension and medical benefits she is entitled to, nothing else. She has many grounds for divorce: abandonment, infidelity, abuse, bigamy (He has a new family) He has said so much to her that he wished she would die and he is the sole beneficiary of her life insurance policy and she can't change beneficiaries without his consent and he won't give it.
1 Answer from Attorneys
Re: Retired military pension for separated spouses
The Defense Finance and Accounting Service(DFSA)requires a valid court order classifying and dividing retirement pay as marital property before any part of such pay can be subject to deduction for child or spousal support.
If your father now resides in the Philippines, it is unlikely that he could now be subject to valid court process for the purpose of acquiring the personal jurisdiction over him necessary to enter a valid order for spousal support, even if a U.S. court found it appropriate to do so.
For further information on this issue, you may wish to contact:
Defense Finance and Accounting Service
Military Retirement Pay
P.O Box 1730
London, KY 40742
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