My husband and I have been married for 21 years and he has been the Military for 21 years. We were married 6 months before he entered the military. Recently he told me he wanted a Divorce. My question is legally whar percentage of his military retirement pay am I entitled to if we do Divorce.
Liz
Unless I’m completely off base, you would be entitled to 1/2 since he did not have the retirement prior to marriage. This could also be used as a bargaining chip though, instead of paying him 1/2 the equity in the marital home or giving up 1/2 your retirement fund…
All marital assets and debts are divided equally unless the court approves requests for uneven distribution.
There is no set percentage of pay that you will receive. Any income he receives will be considered for purposes of alimony.
I am a bit confused my undersyanding was that I would be granted either 25 or 50% of his military retirement pay automatically since we were married for the term of 2)= years that he has been in the military. We also have 4 children. Could you please clarify for me.
Thanks
Retirement is an asset and will be divided pursuant to the equitable distributions laws. Since you have been married for over ten years you are entitled to receive ? of all retirement he earned during the marriage.