My problem is the Uniformed Services Former Spousal Protection Act allows the courts to cut up my retirement and give it to my wife if she decides to leave me. I am not opposed to an equitable division of money after a marriage, but military benefits should stay with the military member. I have plenty of friends who owe money to their ex-wives for the rest of their lives because of this law and those women cheated on them or left them for someone else!!! Does anyone know if a pre-nup will take care of keeping my retirement pay?
2006-09-02 09:42:14 · 18 answers · asked by SL 3 in Politics & Government ➔ Military
I am not looking for relationship advice. Thank You.
2006-09-02 09:49:49 · update #1
Lots of Bad info here.
1st - its GOOD that your thinking about this now. I've had legal assistance clients come in after being married for many years asking what they can do. Usually the answer is "not much now."
2nd - Spousal infidelity usually DOES NOT play a huge factor in equitable distribution these days. It used to be in the 50s and 60s, but no more. The thinking now is that infidelity is the symptom of a bad marriage, not the cause of it (agree or not, its the way it is).
3rd - You DO NOT have to be married for 10 years in order for your spouse to receive a portion of your retirement in equitable distribution. Thats a common mistake, the "10 year rule" applies to getting a court-ordered payment directly from DFAS (wont get into detail about that here).
4th - Federal law DOES NOT require any court to give a portion of your retirement to your spouse upon divorce. The law you cite only allows them to in an equitable distribution ruling.
An agreement beforehand ("pre-nup") may be sufficient. Laws on agreements before marriage differ widely from state to state. Federal law does not regulated them. So the advice to see your legal assistance officer is CORRECT - talk about your concerns now.
2006-09-02 10:19:36 · answer #1 · answered by NCAF33 3 · 1⤊ 0⤋
YES -- make sure that the Pre-Nup addresses the fact that you already are in the Military, how many years you have served, and YOUR Property before the marriage. The USFSPA affects ALL of us who are in the Service, who have served (and Retired), and who will serve -- and ...
This Female Military Retiree is ALWAYS scared when this subject is brought up -- because although I was NOT married long enough for the USFSPA's conditions to be satisfied -- I am always WORRIED some misguided members of Congress will alter what is already there -- and open it up once again -- and I can assure you the MY ex had NOTHING whatsoever to do with my Service PRIOR to the Marriage, and made NO Contribution while I was Married, and I was DIVORCED for several years before I retired.
2006-09-02 18:57:04 · answer #2 · answered by sglmom 7 · 0⤊ 0⤋
The fact that you are even worried about it shows you shouldn't marry. If you lived and work as a civilian you would still give her your money and retirement if you get divorced. The military just makes sure the spouses get their fair share. After all in a perfect world they stayed home raised your kids and put up with the lonely nights that you were away. A pre-nup shows you don't trust them, so try it, it should go over well.
2006-09-02 16:54:57 · answer #3 · answered by David 3 · 2⤊ 1⤋
You'll need a good lawyer to answer your legal question... no doubt it depends upon the state, but with the military, geez... that's a tough question. As for as getting married, you simply may do what many decide to do: live together. And who knows... your future spouse may have more to lose than you, especially if she has a large retirement built-up. You'll be pleased to know it works both ways.
2006-09-02 16:50:36 · answer #4 · answered by Mike S 7 · 1⤊ 0⤋
No it will not stop this. Keep in mind you have to be married for a very long time for this to take effect. If you are worried about money when you should be worried about your future with this person you obviously love, I dont think you are ready to get married. You should either keep on dating or just stay single, because you are not ready for the responsibility that marriage brings.
2006-09-02 16:47:53 · answer #5 · answered by Jess 4 · 0⤊ 1⤋
From my understanding YOU have to be married for 10 years in order for her to recieve money from your retirement benefits...If she does cheat on you then she will not be awarded any type of money...Go to your JAG office and see what they tell you...
2006-09-02 17:06:58 · answer #6 · answered by ProudArmyWife! 2 · 0⤊ 0⤋
Go to the Legal Office Soldier!!
2006-09-02 16:47:48 · answer #7 · answered by JistheRealDeal 5 · 0⤊ 0⤋
Im pretty sure that you would have to be married for 10 years for her to be able to take half of your retirement. Ask your commander and talk to legal on base, they can tell you for sure.
2006-09-05 06:28:17 · answer #8 · answered by New Mommy! 3 · 0⤊ 0⤋
You have to be married for atleast 10 years for this to take effect. Also if the divorce is because of something she did like having an affair then she will lose her rights.
2006-09-02 17:23:51 · answer #9 · answered by JB 4 · 0⤊ 1⤋
Definately get a lawyer to draw up a pre-nup!!!!!
2006-09-02 16:47:31 · answer #10 · answered by jobie023 3 · 0⤊ 0⤋