Is there a statue of limitations for taking my ex-husband back to court to get half of his military retirment?
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Is there a statue of limitations for taking my ex-husband back to court to get half of his military retirment?
I had been married to my ex husband for 20 years during that time he was in the military. I want to know if I can take him back to court to get half of his retirement?
Asked on June 30, 2012 under Family Law, Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If gthere is a martial dissolution agreement and judgment between you and your former husband you need to carefully read the documents to see if the court retains jurisdiction with respect to the division of the assets and liabilities of your former marriage.
If the judgment does not state that the court retains jurisdiction over your marital settlement then you cannot go back to court and seek a portion of your former husband's military retirement.
If it does and there is no time period for the court retaining jurisdiction over your dissolution, you can. I suggest that you consult with a family law attorney with respect to your matter.
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