I understand that some retirees are ordered to give their wives a chunk of their military pension. Is there some minimum federal standard? Does this have to be declared by a federal judge? Can a state judge make the decision? Is there a standard amount? Thanks in advance to anyone who can provide me with sources.
2006-10-10 03:21:45 · 11 answers · asked by Big Blair 4 in Politics & Government ➔ Military
It is not something that has to be done, it is something at the upon request at the divorce proceeding may be done. It is up for the state to decided to grant it, the state given the right from the federal government. Also decided at the proceedings is amount. So it depends on the people getting divorced, the lawyers and the judge, just as any divorce.
2006-10-10 04:20:28 · answer #1 · answered by Jenn 1 · 0⤊ 0⤋
My husband is retiring from the Military in a little under two years, and we recently went through a class that prepares the Military Members and their spouses for retirement by explaining our benefits and everything else we'll be dealing with once we return to civilian life. Anyway, they told us that a spouse is entitled to a portion of the retires pension if they have been married ten years or more while the Military Member is active duty. In other words, if you're married for four years and your spouse joins the Military, and then you divorce six years later, you would be entitled to nothing.
2006-10-10 08:19:44 · answer #2 · answered by Naples_6 5 · 0⤊ 0⤋
First of all, you need to be aware of the Uniformed Services Former Spouses Protection Act (USFSPA) which is a HORROR to those of us who RETIRED from the Military (and yes, I am Female and Divorced).
The USFSPA is something that came into existence when a group of disgruntled Divorcees went to Congress as an Action Group and got them to write this HORROR of a law -- which had certain trigger points that needed to occur for the DFAS (paymasters) to set up an Automatic Deduction of the Pay of either the Retiree or the Active Duty/Reserve/National Guard Soldier.
The Judge in the Divorce Proceedings makes a determination about the Status of Spousal Support, and luckily for me -- after a MISERABLE Marriage to an Abusive/Violent Ex (who damaged/destroyed property, abused/assaulted me and the kids when he did not get what he demanded, stole from my bank accounts, etc), who was CAPABLE of work -- the Judge said that he had NO Entitlement to Spousal Support -- and that ended any challenges to MY EARNED Military Pension.
2006-10-10 04:36:06 · answer #3 · answered by sglmom 7 · 0⤊ 1⤋
You understand correctly. Exes are entitled to a % of your pension at the rank you hold when you retire. I don't know the % anymore but that is how it is done. I know one soldier who had a clause put in his divorce papers that said his ex would get her % of his Gunnery Sgt pay (that is the rank he was when they divorced). He went on to retire as a Sgt. Major. She signed away a good chunk of $$. Hope this helps. Your JAG office should be able to break things down better for you.
2006-10-10 03:33:51 · answer #4 · answered by Loli M 5 · 0⤊ 0⤋
i do no longer understand the place the wording for the regulation is, yet i understand that a buddy of mine divorced his spouse after approximately 4 years, and has to pay her 5% of his pension. often nevertheless, until eventually the persons in touch have been married for extra effective than a million/2 of the provider individuals profession, she does not be eligible for something. It definately is achievable for her to get something, besides the indisputable fact that it heavily isn't lots in any respect, if she does get something.
2016-10-16 01:03:27 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes they do. The size of it is dependent on how long they were married while he was in the military.
If they were married the entire time he was in the military, they get 50% of the pension. If they were married half the time, 25%.
You get the idea.
2006-10-10 03:23:47 · answer #6 · answered by Ricky T 6 · 0⤊ 0⤋
there is NO federal law mandating this. what ANY spouse gets upon divorce is contingent upon the laws of the STATE in which the divorce was granted.
ETA: You go, girl (to Sglmom). I, as a spouse of AD military wholeheartedly agree with you. I have no rights to my husband's pension. he does. he's the one who worked for it.
2006-10-10 07:01:39 · answer #7 · answered by Mrsjvb 7 · 0⤊ 1⤋
Just as my ex-husband gets 1/2 of my retirement & profit sharing...because I worked & he whored around which doesn't have retirement benefits..except aids!
2006-10-10 03:27:30 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It is called, "The screwing you get from the screwing you got".
They can also get part of your social security if you were married for ten years or more.
2006-10-10 03:27:18 · answer #9 · answered by festus_porkchop 6 · 0⤊ 0⤋
Totally contingent on jurisdiction and laws of region in reference to community property and alimony.
I got lucky...mine did not get squat.
2006-10-10 03:25:25 · answer #10 · answered by ? 3 · 0⤊ 2⤋