US Legal Forms
Legal Resources
Questions & Answers
Divorce
Can a judge change a divorce decree regarding military retirement benefits?

Can a judge change a divorce decree regarding military retirement benefits?

Full question:

I was divorced on 1/7/1987. At that time my husband was in the Air Force. The divorce decree states that I may not able collect his retirement. Can this be changed by a judge since he was not retired at the time of the divorce?

Category: Divorce
Date: 04/07/2025
State: Kentucky

Answer:

A divorce judgment can be modified or vacated for valid reasons. However, in most jurisdictions, a court typically cannot change the terms of a divorce decree regarding permanent alimony unless there is a specific statute or a reservation in the decree allowing for amendments. In many cases, modifying alimony is done through a motion in the original divorce action, while in others, it is treated as a separate legal action. If your husband was not retired at the time of the divorce, this may impact the situation, but you would need to consult with a legal professional for specific guidance based on your case.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How is military retirement split in a divorce?

Military retirement benefits are generally considered marital property and can be divided during a divorce. The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to treat military retirement pay as property subject to division. The division can depend on various factors, including the length of the marriage and the service member's time in service during the marriage. It's important to consult with a legal professional to understand how these factors apply to your specific situation.

Does legal separation affect military benefits?

Legal separation can impact military benefits, but it varies based on the specific circumstances and the terms of the separation agreement. Generally, military benefits may remain intact during legal separation, but certain benefits may change or be affected by the separation. It's advisable to review the separation agreement with a legal expert to understand how it may influence military benefits.

Can I keep my BAH if I get divorced?

Basic Allowance for Housing (BAH) is typically paid to service members based on their duty location and dependents. If you get divorced, your entitlement to BAH may change, especially if you no longer have dependents. The specifics can depend on the terms of the divorce and the service member's situation. Consulting a legal professional can provide clarity regarding your rights to BAH post-divorce.

Am I entitled to my husband's military pension when we divorce?

You may be entitled to a portion of your husband's military pension if you were married during his service. The division of military pensions is governed by the USFSPA, which allows state courts to divide military retirement pay as marital property. The exact entitlement can depend on various factors, including the length of the marriage and the service member's time in service during the marriage.

How much of my ex-husband's military pension am I entitled to?

The amount of your ex-husband's military pension you may be entitled to depends on several factors, including the duration of your marriage and his years of service. Typically, the formula used is based on the number of years of marriage overlapping with his military service. A legal professional can help you calculate your entitlement based on your unique circumstances.