QUESTION
Can she ask for 50% of my military retirement?
Asked on Jan 07th, 2013 on Divorce - Florida
More details to this question:
We have been married for 25 years. I have been in active duty for 14 years. After an argument in September 2012, my wife walked out then asked for a divorce in December 2012.
15 ANSWERS
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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Yes.
Answered on May 28th, 2013 at 12:43 AM
She can request 1/2 of the retirement b/c but for the divorce she would have been entitled to that money,...money earned during the marriage.
Answered on Jan 11th, 2013 at 2:39 PM
SHE CAN ASK FOR A PORTION OF YOUR RETIREMENT THAT WILL ONLY KICK IN WHEN YOU ACTUALLY RETIRE. A MILITARY RETIREMENT IS DIFFERENT THAN CIVIL RETIREMENT, SO IN REPLY, THE ACTUAL ALLOTMENT MAY BE LESS THAN 50%
Answered on Jan 11th, 2013 at 2:38 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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She can "ask" for anything but in most states she will only be entitled to up to 50% of the portion actually earned during the marriage - not 50% of the total unless you were married for 100% of your military service.
Answered on Jan 10th, 2013 at 11:47 AM
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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The military has specific rules for the ex-spouse seeking retirement benefits. They are based on the length of service as well as the length of the marriage. Additionally, State law has a bearing on how much she may receive. Additionally, for her to receive the benefits it assumes the divorce is granted which in it of itself may be an issue.
Answered on Jan 10th, 2013 at 11:19 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If the military retirement was earned during the course of the marriage, she may be entitled to half of it. You really should consult with an attorney in order to best determine your potential rights and options.
Answered on Jan 10th, 2013 at 11:19 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The court has authority to divide all of the assets, including military retirement benefits.
Answered on Jan 10th, 2013 at 11:19 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If you're Texans, you bet she can ask for and get half of your military retired pay, but only to the extent it's earned during the marriage. That means if you're married for 14 years of military service and retire at 20 years, she gets half of 14/20 of your monthly disposable net retired pay. Roughly 35%, not 50%. The formula may be a little more complicated than that, but not much.
Answered on Jan 10th, 2013 at 10:45 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, in Idaho, retirement benefits are community property. However, if she worked and has a pension or a 401(k), you would be entitled to one-half of that.
Answered on Jan 10th, 2013 at 10:44 AM
Generally speaking, any assets accumulated during the marriage are equally divided in a divorce. Assets accumulated prior to marriage are not divisible in a divorce.
Answered on Jan 10th, 2013 at 10:44 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes and she will get it. .
Answered on Jan 10th, 2013 at 10:43 AM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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Unfortunately, a lot of divorce lawyers are unprepared to handle a divorce involving a career service member. The answer to your question depends on the substantive law of the State in which the divorce will be heard, meaning that the portion of your retirement to which she may be entitled is not determined by federal law, but by state law. The problem arises is the drafting of the final divorce papers. The federal government will interpret the phraseology used in the final divorce papers in predictable ways that most attorneys do not know. Using the wrong phraseology can get results neither attorney ever expected and which the court never intended. The answer to your question, technically, is that yes she can ask for the sun, the moon and all the stars.
Answered on Jan 10th, 2013 at 10:42 AM
Tamara Marie Chin
Yes, she will be entitled to it.
Answered on Jan 10th, 2013 at 10:42 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Yes excluding any disabled pay.
Answered on Jan 10th, 2013 at 10:42 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, she is entitled to 50% of your retirement. You are entitled to the same percentage of her retirement. Seek the advice of local counsel.
Answered on Jan 10th, 2013 at 10:41 AM