Military pension

North Carolina Divorce Law Divorce and Separation Answers
1

You will need to draft a Military Domestic Relations Order, when you get that properly qualified and accepted by the military, they will make the payments directly to you when the time comes.

You are not automatically entitled to survivor benefits, but many people negotiate to receive them.

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

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

Husband of 28 yrs moved out 6/1/07. We are in the process of drafting a separation agreement. He was in the USMC active duty 11 yrs (10 yrs. of which were prior to our marriage)and then he got out and remained in the Reserves for 15 yrs. Total time in 26 yrs. He retired as a Col. and chose at that time to receive his pension at 60 with survivor benefits. The breakdown is 1/3 of his retirement points were accrued when we were married so I would be entitled to 1/2 of that amt. I have had the pension valued by an actuary and the marital portion is 150,000 of which I am entitled to 1/2. My questions are, as an exspouse, 1) am I entitled to suvivor benefits or when he dies that’s the end of my part of the pension and 2) will my benefit be coming directly from the government or will I collect from him after he is paid every month.