questions & answers

Question: My husband was previously married in Puerto Rico and divorced there as well from his ex wife. Our previous visit at the legal office on post verified whether or not the ex spouse is entitled to any percentage of his retirement. The information given to us is that she is not entitled to any retirement when it occurs due to haven been married in Puerto Rico. We just want to confirm is this is certain? Thank you

Answer: More information is needed for a response to this question.  Is it a military pension?  If so, Puerto Rico generally considers military pensions to be sole and separate property and will deny a divorcing spouse an interest in the pension.  Was there a QDRO (qualified domestic relations order) signed by the judge during the divorce.  If this is a pension governed by ERISA, was there a proper QDRO?  Your best bet is to sit down with an attorney and go over the divorce decree and any accompanying paperwork.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is  $75 per  hour.  The telephone number is (866) 637-5341.  Both Maricopa and Pima Counties have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers its 30 minute consult with an experienced attorney for $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.