Your military retirement is divided like this - She will be entitled to 1/2 of the retirement you earned while married (minus SBP payments - Try to get children only - and any disability). I served for 21 years, was married for 15, so she get 37%. If you were married when you joined and are not separated prior to your discharge, she will be entitled to 50%. And all of this is negotiable.
Once it is in the decree, the retirement pay will count as income for both of you.
Whatever percentage disability you receive, it is against Federal law for her to have any claim against. It is taken away from your retirement total.
If you get divorced prior to your discharge, remember - She is only entitled to a percentage of your TAXABLE income. My lawyer screwed me on that one! No BAH, Sep Rats, COLA, only base pay.
Military retirement will count as income if you are receiving monthly payments at the time that child support is calculated.
Your disability income will be used when calculating child support if you are receiving monthly payments.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
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Building 600
Chapel Hill, NC 27514
(919) 321.0780
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