Miltary retirement pay


#1

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


#2

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.


#3

There is no set percentage of pay that you will receive. Any income he receives will be considered for purposes of alimony.


#4

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


#5

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.