my husband is kicking me ot thecurb.
When he returns from IRAQ we are getting a divorce.
Apparently he fell out of love with me - and in love with someone else.
I cant prove adultery, but either way...he says he wants out of our marriage.
I have a kid, quit my jobs for him, and am currently a stay at home mother.
We have about $16,000 total in the bank account. $12000 is his reenlistment bonus.
Is half of it mine?
Or am I basically going to get tossed with nothing
while he enjoys everything.
We live in Georgia and have been married for 6 years and have 1 child, if that matters.
And Ive quit 2 jobs so far following him and to take care of our baby.
He says I cant touch his money...
but then I will be left with absolutely nothing to start anew and take care of our child.
Is he right?
2007-12-20 06:47:36 · 16 answers · asked by Anonymous in Politics & Government ➔ Military
If it's comingled and in both your names, he's screwed. I'm sure you'll get child support. Google for family law for your state. I don't think you'd get Zilch.
2007-12-20 06:50:45 · answer #1 · answered by Anonymous · 2⤊ 2⤋
It depends on several factors. Is the army currently short in that MOS? Etc.. It also depends on the time of the fiscal year, after October when the new fiscal year starts the bonus money will be around again. Typically the re-enlistment bonus money that the Army has is spent by about March or April. So it's probably best if he waits till Oct to see what bonuses are available.
2016-03-16 04:13:40 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Save a copy of the bank statement.
Try to settle with him without a lawyer it will save you both a lot of money
Georgia is an "equitable distribution" state. That means it's totally up to how the judge feels that day.
But you will most likely get half of the bonus.
legally you could spend it all now. (you can't steal from a spouse)
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if you are married 10 years you are NOT entitled to half of the retirement. That is when the military will let it be directly deposited in to the X's account.
Retirement is an asset just like any other to be divided in the divorce.
I'm so glad I won't have to worry about this because I have a prenup.
2007-12-20 06:57:29 · answer #3 · answered by MP US Army 7 · 0⤊ 2⤋
If your name is on the account as a co-owner, then you have access to all of it! However I'm not sure if GA is a community property state. I'd certainly take half of it and file for divorce before he gets home! If you have a letter of some kind or a copy of an e-mail, stating his intention to get a divorce when he gets home, I'd take that and see an attorney. If you are living in base housing you will have to move. Be advised that should he give you any sh!t, all it takes is a call from you to his CO and he is in deep do-do! Good luck.
2007-12-20 06:57:43 · answer #4 · answered by Anonymous · 1⤊ 2⤋
If you were already married when he re-enlisted then half of the bonus is yours (if you're in a community property state). Also, if he stays in and retires, you are entitled to part of his retirement pay, prorated for the percentage of his military career that you were married to him. In 20 years in the Navy I saw a lot of guys get divorced and heard about what their wives were entitled to by federal law.
2007-12-20 07:55:35 · answer #5 · answered by brddg1974 5 · 0⤊ 1⤋
I don't think he is right. You did your part by giving up your career and raising the kids. That money is marital property and should be split equally. Get an attorney! You will need to secure you and your child's future since you gave up your career. There is nothing wrong with making sure your family (you and your child) are provided for. Take your emotions out of it and let a lawyer guide you to do what is right and fair.
2007-12-20 06:54:12 · answer #6 · answered by lisa b 3 · 0⤊ 2⤋
I would definitely get an attorney that knows Georgia State Laws on community property, but here is my take:
Yes, his enlistment bonus is CP.
Additional piece of advice: Take a free consultation with all of the top divorce attorneys in your state. They will then have to turn him down if he tries to hire them; because they have heard your case. Takes some time to do it, but it is definitely worth it!!!
2007-12-20 06:55:00 · answer #7 · answered by Anonymous · 0⤊ 2⤋
He is right in that his reenlistment money is his.
The family court will divide anything that should be divided legally. If you try to take anything now you may find yourself paying him back for a long time. You need to go to court for all financial matters.
Stop throwing tantrums and calm down. OK so he doesn't want to be married anymore it happens everyday and it sucks but you are going to need to move on.
He will be responsible for pay child support and taking care of the medical needs for your child.
You will BOTH need to get a family law attorney and go to family court to settle the rest. Child support and any spousal support you may get is based ONLY on his base pay. Reenlistment bonuses, disability pay paid through the VA, BAH and BAS are all entitlements that are his and only his.
Maybe if you step back, take a moment to calm down some you two can talk like grown up's when he gets back from deployment so you can work the details out and do what is best for your child. That is the ONLY important part of this entire situation. IF you continue to go crazy and fight between yourselves you can just add your child to the list of millions of jacked up kids because you guys are getting divorced.
Better start making a list of things you two will need to talk about and work out when he gets home. Contact your family and see if they can give you a place to stay while you get back on your feet. Stop being conquered by this and rise up and be the better person for your childs sake.
AND, MOST IMPORTANTLY DO NOT SAY BAD THINGS ABOUT HIM IN FRONT OF YOUR CHILD!!!!!!!!!!! You might as well put them in foster care now because if you do this they will be screwed up for life.
And if you don't live in a community property state NOTHING is community property.
2007-12-20 07:00:22 · answer #8 · answered by Anonymous · 0⤊ 4⤋
All income that are derived during the existence of the marriage including re-enlistment bonus is part of the community property.
2007-12-20 06:53:23 · answer #9 · answered by FRAGINAL, JTM 7 · 2⤊ 2⤋
My brother was deployed to Iraq. He was married at the time and his wife moved back home with her parents. She cleaned my brother out of all his money while he was deployed. When he got back, they got a divorce and went to court. His wifes attorney said so what she spent the money its community property. The judge said exactly its still 50/50 even when your married. So out of all his money they figured out bills and whatever they should of had left....she has to repay my brother $7,000 plus interest.
2007-12-20 14:15:03 · answer #10 · answered by NIKKI1118 3 · 0⤊ 0⤋