Can retirement earned prior to marriage be taken in divorce since I paid 3 out of 33 years to social security while married?

The answer to your question depends on what state you live in. If you live in Georgia, then a divorce must address an equitable division of marital property. Marital property is generally that property which was acquired during the course of the marriage. Obviously one asset may have a marital portion and a nonmarital portion. Your situation will have to be resolved either by agreement or by trial.

She can divorce you. You need to file for custody and a move away if you want to take the kids overseas. Calpers is yours. Social security belongs to the earner, so it's yours. Depending on income she may get alimony and child support from you. You can't take kids overseas without court's permission or her agreement.

You have too many issues, questions and risk for a Q & A such as this. Please go see a local attorney.

Citizenship does not matter as to your right to file for divorce. Residency does. You must be a resident of Wisconsin for at least six months, and of the County where you file for at least 30 days. The rest of your question requires some highly technical research. Find a good family lawyer.

Yes, your wife can divorce you. You may want to start the proceedings here though, and very soon, so that the court here has jurisdiction. She cannot touch your social security payments because of Federal law, although if you are receiving any payments on behalf of your children, they might be used for child support. If you want to keep the children, you must ask the court to give you custody. In Idaho, the courts are required to maintain the parental relationship unless it would cause harm to the child. But again, in Idaho, one party cannot move out of state with the children without the agreement of the other parent or a court order. In that case, the court must find that it is in the best interests of the child to move. It doesn't sound like your pension is subject to community property, but it may be subject to child support.

Social Security is governed by federal law and will not be divided in a divorce. Private retirement funds can be divided but what was acquired prior to marriage is separate property. I suggest you hire a lawyer.