If I’m in the military and in the divorce decree my ex-wife was awarded part of my military pension, is she still entitled to this if I separate from the military and am no longer going to receive it?

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If I’m in the military and in the divorce decree my ex-wife was awarded part of my military pension, is she still entitled to this if I separate from the military and am no longer going to receive it?

I agreed to pay her a certain amount monthly now, instead of waiting until I actually retired.

Asked on December 10, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not your "ex" is to receive your military pension if you are to separate from it or is awarded a set amount regardless depends upon what the dissolution decree states. As such, you need to carefully read the decree and your answer will be found.


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