My ex-wife and I were divorced 14 years ago in California. She is entitled to a portion of my military retirement but the settlement did not include an actual figure or percentage. I am now retired and we would need to amend the original dissolution settlement to add this percentage but how is this done?
4 Answers from Attorneys
File a motion to clarify the community property share for proper disbursement between husband and wife.
In California community property law controls, however the exception to that is military retirement and as such federal law controls. You need an attorney who is familiar with dealing with the military retirement benefits. This should have been handled during the dissolution. I noticed your in Sacramento. you can contact our office which is just outside of Sacramento through our web site at www.brianmcginitylaw.com if you have any questions.
You need an attorney to review the papers and review the facts. A simple stipulation can be used to determine what portion of the retirement your former wife may be entitled. You may contact me if you need further specific advice.