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Video instructions and help with filling out and completing Military retirement pay to ex-spouse who remarries
Retirement hey many of us would like to retire in order to retired me nice to have a pension so we have something to live on during a retirement pensions today have become a major major piece of property during a marital breakup during a divorce a big question arises - what happens to those vested pension rights that were accumulated during the marriage well that brings us to this week's case involves a couple in New Jersey there in 1987 they got a divorce he was a captain with the US Air Force and the agreement under divorce was that he would pay to his wife 50% one-half of his military pension at the time of his retirement she had a 50% interest in that well now let's fast-forward here we are over 20 years later and he retires he looks at this and says you know that's a lot of money that I'm gonna have to be paying her and I think it's unfair that I pay or 50% because I've stayed in the Air Force all of these years I've gone through the ranks I've gotten pay grade increases and my pension is much higher than it would have ever been if I had not gone on and spent all this time in the Air Force after our divorce therefore I don't think she is entitled to any of this she through her attorneys are youse know in 1987 when we got a divorce it was agreed that at that time I would receive 50% of your pension on your retirement because I had contributed to your career in the military I had been a stay-at-home wife and how it helped that to gone through all these relocations and done everything else to assist you in your career and I was going to receive 50% of your pension as a result of that and bottom line a deal is a deal well the court looked at this court looked at this said ok let's analyze this and in fact there was a deal in 1987 but after 1987 he continued in the Air Force he saw an increase in his compensation because he was going through pay grade increases and his retirement pension is much bigger now than it would have been if he had mustered out while a captain in the US Air Force therefore that pension has grown not as a result of anything his wife did not as a result of anything that occurred due to their cooperation as a marital couple in fact that pension has grown solely due to his efforts after their divorce therefore it needs to be readjusted and the trial court needs to look at this and needs to decide how much of that pension would have vested if he had mustered out as a captain and how much of that pension as a result of his increase in pay grades after 1987 okay so what's the point.