Question:

How can u get jursidiction over a army retiree for spousal support ?

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she had been married to him even the time of active duty to after he retired 20 yrs in military in army i thought the 20/20 she would be entitled to his retirement spousal support .he lives in tenn and she lives in ky but they say she has no jursidiction over him.how is that they was married for 30yrs b4 the divorce .that was where he was last posted at was fort knox b4 retirement he retired in ky.can anyone help or try thank you

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  1. This should have been addressed during the divorce proceedings. . .normally, a spouse married for 10 years, of which 10 had to be active duty is entitled to up to 50% of the mbrs retirement pay.  Doesn't mean that they'll get 50%. . . I see a lot of spouses with 30-35%.


  2. Retirement income is not normally considered in spousal support cases, and when it is there must be proof of need.

  3. As most stated once the divorce is granted, it is to late to try to get spousal support.  She either didn't ask or had a lousy lawyer for her divorce.  As to Cordelia, get your facts straight before you answer.  The spousal support law requires the member to be retired with at least twenty years of which 10 NOT the 20 you stated be married to the spouse.  

    She could still attempt to have the divorce decree changed, however it would involve her filing in her state and having the papers served on him where he lives.  If they were divorced in another state, then she needs to have the papers filed in that state for the judge to review before they would serve him with papers.  Unless she would have the finances to cover this, she should give up.

  4. If she is already divorced then this case is over and she will not get a dime. It was her responsibility to address this during the divorce proceedings.  I am sure she made out in the long run so let the Soldier live in peace.

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