QUESTION

My husband of 12 yrs. is currently paying his first wife half of his military pension. Would he be required to do the same for our divorce?

Asked on Jul 16th, 2015 on Divorce - Wisconsin
More details to this question:
I am on social security/disability (age 66) and my other concern is if we divorce, will I lose my military health insurance? (Tri care, Express scripts )
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
A military pension is generally a divisible marital asset in Wisconsin. The court has discretion to deviate from presumed equal property division based on the number of years he served in the military, along with how many years you are married. Also, the fact that his pension has already been divided once may be a factor that the trial court might consider in terms of its current division in your case. I believe the military has a rule also that you have to be married at least 10 years to claim entitlement to the benefit, which obviously you meet after being married 12 years of marriage.
Answered on Jul 17th, 2015 at 4:44 PM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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