I am needing to find information on the amount of retirement my husband is entitled to, at this point in military his career. He is in his 13th yr with the air national guard, but also receives active duty orders on an on-going basis (for the last few years), so he is earnning some of those points towards his retirement. I am planning on divorcing him, asking for very little from him, but my did lawyer advise me that asking for any portion of the retirment that i am entitled to is completely in my self-interest & worth the trouble. I cannot just walk up to my husband and ask (he doesn't have the information, anyway.) My question is how can i find out what he has earned so far and what i am entitled to? is there a basic calculation or anything of that sort to help with figuring? we live in ohio ( i know that it is state specific.) Thanks!
2007-03-30 04:57:15 · 4 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
yes, he earned it, but i raise(d) his kids, cleaned his house, took care of his yard, his cars, his bills nd EVERYTHING else he "wasn't in the mood to deal with". he doesn't even see the point in why the man of the house should mow the lawn or lock the doors at nite...i do the final rounds to make sure our family is secure at night. while he was 'earning' his retirement, i quit working and college because i didn't have the time (or the money) to go, i had 3 kids and a husband to care for. you make 8 years sound like nothing. no, it's not 20, but it definitely wasn't nothing. i wasn't interested in any retirement benefits until my lawyer pointed out that 8 years of my life were spent with him. this, and child support, which no father should have 'issues' with, is all i want from him. he can have the house, the couch and the car. i just want peace. anyway, i would only get (if anything at all) the percentage of $ relative to those mere 8 years we spent together.
2007-03-30 05:36:10 · update #1
sorry i ranted there...thank you for your advice with the recuiter.
2007-03-30 06:02:29 · update #2
How does each year of guard service relate to time in military service? I don't believe it's one year in counting as one year of military service.
Regardless, it sounds like you've only been married for 8 years. Your lawyer can still get some retirement money awarded to you but your guy will have to write the check to you every month after he retires. DFAS only takes care of the payment if 10 years of marriage overlaps 10 years of service.
2007-03-30 06:32:19 · answer #1 · answered by Critter 6 · 0⤊ 0⤋
Not sure of the actual ruling here, but since he isn't retired, you aren't eligable to collect any of his retirement. I am not sure how the guard works, but if he was full time active duty, you wouldn't get anything from his retirement pay. The only way you could, is if you stayed with him until he retired, then divorce him, the you could collect.
Why do you think you have the right to take something that HE earned. You are divorcing him, so you shouldn't get any part of his retirement check. Its not like you stuck with him throughout his entire career.
Women like you who think they deserve part of the military members retirement after a few years of marriage should not get a penny. I can see it if you were with the guy 20+ years, and then he retired, then you got divorced, but when you spend 13 years, or even came into his life and was married to him for a few years before he retired, you should get nothing. He earned it, not you.
Ok, my apologies. With your additional details, and if what you say is true, you do deserve it then. I say that because it seems like all he did was work, then come home and nothing else.
Your lawyer should be able to help you with this, in finding all this info. If not, try contacting a Guard recruiter, and just ask that person those questions you want answered.
2007-03-30 05:08:47 · answer #2 · answered by George P 6 · 0⤊ 0⤋
Hate to tell you this but you are not entitled to any
of his retirement pay(military) unless he made out
a survivors benefit plan (SBP) which is only a
portion paid out to the beneficiary, why because
it is only paid out when the service memeber is
deceased after retirement. You will probably be
eligable for part of his Social Security Check if
you were married enough years to him in accor-
dance to state laws. So just because he will re-
tire from military service does not make it auto-
matic portion paid to divorced wife as the check
is his and his alone.
2007-03-30 15:53:39 · answer #3 · answered by RudiA 6 · 0⤊ 1⤋
Your lawyer should be able to handle that for you. He will request thru the court a statement from the military on your husbands present retirement assets. You would be entitled to half or you may choose to accept something else in lieu of it
2007-03-30 05:00:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋