Military Retirement /Child Support/Alimony


Dear ncmomftbragg:

Greetings. First, yes, you are entitled to half of the marital portion of your husband’s retirement plan, but no, that is not considered alimony. However, there are some large issues with the retirement that you need to speak with an attorney about.

Now, the child issue is different. Yes, he is on the hook for support until he files an action to determine paternity against you, and then he will not be responsible. Of course, if you are going to be amicable, then you can agree to anything. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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 but a full discussion with an attorney should be undertaken before taking any action.


My husband and I have been married for 17 years. He recently moved to Washington, DC because of us not getting along for the past 5 years. I wanted to know what am I entitled to as far as his retirement check, he did 20 years in the Army. If I am entitled to 50% of his retirement check does that count as alimony? Five years ago he got a woman pregnant and we separated for 1.5 years during that time I had a child as well. We got back together 4 days before the birth of my daughter and he was there in the delivery room and also signed her birth certificate. He biology father was order to pay child support but they DSS has never been able to find him. My hubby has been taking care of her since birth, 4 years now. I am entitled to child support from my hubby since he has been caring for her all her life? She is on all of his life insurance papers, dental insurance and she is also enrolled in the military Tricare Prime for health insurance. I have been a stay-at-home mom for since she has been born. He has been providing all of our support.