My friend is getting divorce, her military spouse is telling her that he won't sign the divorce until after he retires. Will this prevent her from getting a portion of his retirement benefit. She was married to him >10 years and he is retiring after 20 yrs in the service.
Basically, he wants her to sign some kind of waiver, and if she doesn't sign, he threatens to not sign the divorce b4 he retires, an action which he claims will disqualify her from getting any of his military retirement benefits....
2007-03-26 17:07:31 · 7 answers · asked by CevnLDSNewbie 2 in Family & Relationships ➔ Marriage & Divorce
She (and I) paid $7500 for her attorney, who is giving her the stiff shoulder at the moment. This is kinda urgent, since hubby is scheduled to retire from Navy next week, and he waited until the last to drop this bombshell on her...
2007-03-26 17:14:29 · update #1
Unfortunately, he cannot prevent her from receiving a proportional share of his military retirement, regardless of when the divorce commences. Damned shame.
2007-03-26 17:29:18 · answer #1 · answered by Rob D 5 · 0⤊ 2⤋
I am retired military myself and divorced,so let me shed some light on this for you. First, you need to check into the state law since divorces are granted according to state law. The military side of it only comes into play concerning the retirement pay and any share she may be entitled to. She is entitled to a portion of the retired pay, but it has to be filed as a seperate court case, at least that's the way it works here in Nevada. Also here in Nevada the way it works is this: take the number of years married and divide it by the number of years in the military that you were married. That will give you a percentage number. She is then entitled to 50% of that percentage. For instance, the military person is in the service for 20 years and was married to his wife for 10 of those years. 10 divided by 20 is .5 or 50%. Divide that again by 50%, and you come up with 25%. That would be the amount she is entitled to. Also, she is only entitled to that percentage of the pay at the rank he was when the divorce became final. That keeps someone from divorcing the military member at his/her 10th year in the military then collecting on money the military member earned after the divorce and on any promotions he/she will have gotten in that time. I hope this helps.
2007-03-26 17:26:51 · answer #2 · answered by vegasg8r89129 2 · 0⤊ 1⤋
As a spouse she can go to Jag and speak with an attorney there and find out what all she is entitled to. He is blowing smoke up her *** and is full of it. the longer you are married the more you get period. The military takes care of the wives and families during divorce, that is why so many soldiers get screwed or marry a woman who is a gold digger.
2007-03-27 06:44:53 · answer #3 · answered by swtlilblonde31 5 · 2⤊ 0⤋
She is not entitled to any of his retirement from the
military married or un-married unless he joined
the (SBP) Survivors Benefit Plan, which is a por-
tion of his military retirement check and only if he
put her as the beneficiary. This is paid once he
has passed away. However being married to him
for 10yrs, according to what state authorizes it she
is entitled to a part of his social security- check as
that is another payment he will receive once he
reachs the age to receive the social security
check.If she signs any waivers to what he may
have already set up without her knowing about it
then she will loose anything that may have already
been set up by him before. The best thing is get
with legal advise on base as she is still authorized
to use it free and she can do that on her own.
Navy is different from Army which I am retired
from but legal advise on a military base is still
the same free.
2007-03-26 17:34:06 · answer #4 · answered by RudiA 6 · 0⤊ 3⤋
she won't be entitled to receive any of his retirement benefits because she did not support him up until his retirement. Its like divorcing a jobless guy who shortly after wins the lottery, is she entitled to any of his winnings even though he bought lottery tickets throughout the marriage.
2007-03-26 17:15:45 · answer #5 · answered by jglassdude 3 · 0⤊ 2⤋
She does not have to sign anything for him...
She can file for divorce and get the divorce
whether he wants it, agrees, signs it, or is even present...
She can just divorce him and be finished with it...
I doubt that she will get anything from his retirement
if they divorce...
2007-03-26 17:16:10 · answer #6 · answered by Anonymous · 0⤊ 2⤋
Does she have an attorney?? If not, she should invest in one. To not do so would be nuts!
2007-03-26 17:11:33 · answer #7 · answered by Royalhinney 7 · 1⤊ 0⤋