We were married for 6 years, then legally seperated. I filed for divorce, which took another 6 years. All this happened over the span of 12 years, while I was in the Army. I live in Los Angeles, California. She is suing me in a CA court, through a local attorney, from Ohio. Nobody seems to know what to do with the case, who has jurisdiction, how to calculate percentage, and the attorney fees are mounting. I served my country with honor, and she chose not to work when we were together. I deserve better than this.
2007-08-03 14:21:26 · 12 answers · asked by Alex L 1 in Politics & Government ➔ Military
It's a complcated process.
i have posted some links below about the laws regarding military pensions in nthe case of divorce.
You should share these with your lawyer.
The divorce net webpage has Californis specific information, it is about 80% of the way down the page.
2007-08-03 16:46:34 · answer #1 · answered by jeeper_peeper321 7 · 0⤊ 0⤋
You need a new lawyer. Also you need to spend some real serious time doing Internet search. At the very least you need to read on your own of any similar cases in California and Ohio. You picked a very bad state to pursue this unpleasant event.
Let me give you some added bad news. In the event that you get hurt or sick to the point that you have to get disability, your ex will get 50% of your disability pay. I knew 2 people that got screwed that way. The reason being was because the marriage was in effect for more then 10 years (12).
2007-08-03 14:39:15 · answer #2 · answered by Tinman12 6 · 1⤊ 0⤋
I wish you luck but I think youre going to lose. Back when my brother was enlisting his recruiter begged him not to get married because if you are married for 10 years then that spouse gets 50% of everything for the rest of your life. It could be a different because of your legal seperation but due to the fact its taken u 6 years to divorce her you might be SOL. Whether she worked or not has no weight. As a military spouse it is common for the wife not to work due to the constant moves. Alot of employers wont even look at a military spouse because theres no guarantee and you do get paid extra for being married. The court sees it as she was dedicated to you for a significant amount of your service and she deserves something in return.
2007-08-04 02:48:51 · answer #3 · answered by Ktwman 3 · 0⤊ 0⤋
My husband is retiring from the armed forces in a sprint decrease than 2 years, and we at the instant went by a type that prepares the armed forces contributors and their spouses for retirement by ability of explaining our advantages and each little thing else we would be dealing with as quickly as we return to civilian existence. besides, they instructed us that a companion is entitled to an element of the retires pension in the event that they have been married ten years or extra on an identical time as the armed forces Member is lively accountability. In different words, in case you're married for 4 years and your companion joins the armed forces, after which you divorce six years later, you would be entitled to no longer something.
2016-10-01 08:51:33 · answer #4 · answered by ? 4 · 0⤊ 0⤋
She can get 50% of your gross pension. And the Finance office of your parent service will honor a garnishment request from a properly constituted court to accomplish that garnishment. She also gets an ex-spouse ID card to continue shopping on base.
I think it stinks since the pension doesn't meet any of the definitions of "property". You can't assign it to someone, you can't leave it to someone in your will and it stops when you stop. The spouses rebut this by saying how much they sacrificed. The lady who was the focus of the Ex-Spouses legislation had been married to an Army doctor. Of the sixteen years of their marriage, she spent fourteen at the Presidio of San Francisco. Sacrifice indeed!
Make sure you remove her from any SBP entitlement if the divorce becomes final.
2007-08-03 14:31:55 · answer #5 · answered by desertviking_00 7 · 3⤊ 1⤋
Well, if you could prove (which shouldn't be hard, just ask her to show proof if she denies living off your income alone) that she didn't bring in any income, and that you supported her, no money for present or past pensions should be liable for her. If a judge says differ, that is "to me" and "to you" something called "dirty and injustified". I hope things turn out well, especially since you are divorcing her...you must have your reasons, and judging by what she is doing, I can understand in part why you would divorce her.
2007-08-03 14:34:31 · answer #6 · answered by naturalist 2 · 0⤊ 0⤋
I know in the Marine Corps if you are married to the AD person for 10 years you are entitled for 50% of their retirement.
2007-08-03 17:04:35 · answer #7 · answered by nurse 2 · 0⤊ 0⤋
HELL NO! DON'T LET HER GET ANY OF YOUR MILITARY PENSIONS, YOU SERVED YOUR COUNTRY AND SHE DID NOTHING WHILE YOU WERE GONE, SO IF I WERE YOU I WOULD GO AFTER WHAT IS RIGHTFULLY MINE, IF SHE PUT SOMETHING IN THE MARRIAGE THEN LET HER HAVE THAT, BUT KEEP ALL THAT IS YOURS AND WHAT YOU HAVE WORKED FOR!
AND THANK YOU WITH GREAT HONOR FOR SERVING OUR COUNTRY!
2007-08-03 15:45:53 · answer #8 · answered by Anonymous · 1⤊ 0⤋
well if i remember right she has to be married the whole twenty years to get your benefits ....well the local court has jurisdiction....... it sucks being a man
2007-08-03 15:26:59 · answer #9 · answered by Edgar R 4 · 0⤊ 1⤋
she won't get anything.. she must have been married to you for ten years and all ten of those years you had to be in the military.
2007-08-03 15:16:55 · answer #10 · answered by Mrsjvb 7 · 0⤊ 1⤋