California  |  Wills and Trusts

Legal Question

Asked on: 8/15/13, 8:56 am

My ex is retired military of 20 years. We were married for 20 years, have been divorced for 13 years, he has since remarried. I consulted a QDRO attorney a few years ago and he advised me that since I was getting $600 a month in alimony that it would be in my best interest not to pursue his retirement. I was advised that I could loose the alimony pmt. and not receive much more from his retirement. How could this be if he gets a raise from this retirement every year?

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Answered on: 8/15/13, 9:32 am by Scott Jordan

What did you agree to in your divorce settlement? Was there language included about his retirement pay, or did you simply agree to $600 per month for life?

I think the QDRO attorney meant that if you pursue the retirement pay, your portion may be less than $600 per month. The payment is a mathematical calculation.


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Jordan Law Office 319 Diablo Road, Suite 202 Danville, CA 94526

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Answered on: 8/15/13, 12:59 pm by Victor Waid

You are advised to contact a family law attorney that specializes in the area of law you are inquiring about. My suspicion is, you were entitled to both the support order and a division of his retirement, as his retiremnt was an acquired asset during the marriage, and therefore would have been divisible as a community asset, maybe as an offset against other assets, if the military retirement was not assignable.


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Law Office of Victor Waid 777 Campus Commons Rd., Suite 200 Sacramento, CA 95825

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Answered on: 8/17/13, 6:19 am by Anthony Roach

You should have posted this in the family law category where more attorneys could have answered it.


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Law Office of Anthony A. Roach 9909 Topanga Canyon, Ste.313 Chatsworth, CA 91311

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