Im in the military. I would like to know if theres any way my spouse can not get a percentage of my retirement?
if she has been married to you for 10 years or more she is entitled to it. SO GIVE IT TO HER!!!. By the way you have no choice if you meet these requirements.
No…she is not “entitled to it”. Title 10, U.S. Code, says that states “may” treat it as marital property. However, if you are in North Carolina it is pretty much a foregone conclusion that she is going to get a percentage of your retirement. The stupid law that allows this was created during a time in our country when wives stayed at home and were discouraged from seeking employment. Most of our wives are employed and well educated - - and just want the money so that they can buy their new beaus a nice car on your dime. The law should go away or be seriously modified.
My advice to you is to file for a divorce outside the jurisdiction of North Carolina - - like, for instance, in the state of your legal residence. Make her pay all of the additional expenses involved in traveling to your state of legal residence to appear in court, etc. A lawyer can advise you as to your right to refuse NC jurisdiction should she initiate the divorce in North Carolina. Hang in there, partner, and advise all of your friends to get prenups and postnups…it is the only way that you can protect your interests against lawyers and gold digging spouses.
Moe is correct. It is NOT automatic. Unfortunately he is also right about how NC will treat it as a marital asset. Basically it will end up being a ratio of how long you were married over your total years of active duty times your “disposable” pay, i.e., your retired pay. If you receive disabled pay, then that is subtracted from your “disposable” pay so she would get less.
Where people get messed up about the ten year thing is that if she was married to you for 10 or more years that you were active duty and is awarded by the divorce a portion of your retired pay then she can get DFAS to send it to her directly vice having to get a check from you. (Personally that’s more palatable to me). My wife screwed around on me while I was in Iraq, provided no support to me or my children and now rates part of my pay… it’s a tough pill to swallow…
Good luck to you.