QUESTION

I am a retired Navy veteran. My current spouse cheated on me. I can prove it. Is she entitled to my retirement benefits? Married for 22 years.

Asked on Jan 14th, 2021 on Divorce - Texas
More details to this question:
Married for 22 years. My wife went and married a woman. It is not an acknowledged marriage in the state of Texas. Is she entitled to my military retirement benefits? I have been retired for 4 years.
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1 ANSWER

Family Law Attorney serving Houston, TX at Gammell & Associates
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Short answer:  Probably, yes.   Whatever retirement was earned by either party during the marriage is subject to division by the judge at divorce.   This means that the retirement you earned prior to the marriage is your separate property and the retirement earned during the marriage is community property.  Also, any retirement your spouse earned during the marriage is also subject to division as community property.  Generally speaking, if you were married for 10 years while you were on active duty, she would be awarded 25% of your disposable retired pay.   If you have waived part of your retired pay (for example to receive VA disability pay), she would not be entitled to a share of the VA disability.  Fault in the breakup of the marriage is one basis by which the court can award a disproportionate share of the community property to the wronged party.
Answered on Jan 15th, 2021 at 7:06 AM

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