Military Divorce: Can a divorce settlement be amended almost four years later when it is found to be incorrectly calculated?

Family Law 5 views 3 answers
I got divorced almost four years ago and found out recently that I got a bad deal on my settlement in regards to my military retirement/pension. I was told by a lawyer who performed as our mediator during the divorce process that my Ex was entitled up to 50% of my military pension. This was due to a 10/10 rule that entitled that. She of course ran with that and will now receive half of my retirement due to how the settlement was written. I have since learned that 50% should have been based on the amount of time married while I was active or something along those lines.. Can I file to amend the settlement and have this correctly calculated? Details: I plan to do 20 years total. 12 of the 20 will have been married while active.

Attorney Answers

3
Nancy Davito ·
I am reposting this as a family law question. Good luck.
0 upvotes
A Mullaney ·
The answer depends on the exact wording of your final judgment. Typically she can expect to get 50% of the marital portion of the pension. If you were married for 12 of your 20 years, then 60% of your pension is marital property. She should then get half of the 60% - which is 30%. If may be a matter a interpretation. If you negotiated a bad deal or got bad advice, there is not much you can do about it now.
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