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jaccorps_esq, Arbitrator
Category: Family Law
Satisfied Customers: 18790
Experience:  Civilian and military practice area
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I live in Arkansas. I need to know if there are any loopholes

Customer Question

I live in Arkansas. I need to know if there are any "loopholes" in an AR divorce that keeps a spouse from getting half of a 24 year active Army retirement from a 21 year marriage.
Submitted: 5 years ago.
Category: Family Law
Expert:  jaccorps_esq replied 5 years ago.
Thank you for using Just Answer. Between my law practice and other law related jobs, I have over 13 years experience. I look forward to assisting you.

Loopholes are fables.

Your best course here is to understand what the law says about the former spouse's actual right here and make an argument against a division.

The law doesn't actually require 50% division. The law doesn't require any division of military retirement. All it does is create state jurisdiction and the court in that state can do as it wishes, in terms of divorce.

Now, it is going to be exceedingly uncommon for a 21 year marriage to not see a division of assets and there really aren't many facts that you could put forward that would convince a judge otherwise (other than seriously different financial positions, such that, the former spouse doesn't actually need the money and the retiree does).
Customer: replied 5 years ago.

I'm sorry, but I already knew most of what you replied with; however, I do believe that it is, in fact, AR law that there be a division of 50-50.


Thank you for your reply, although it did not answer what I need to know.


Maybe a bit more information will help.


There is a 19 y/o son born of the marriage; he has autism and functions on a 5th-6th grade level.


Approximately 17 years ago, the spouse (mom) had a "meltdown" and ceased to do anything for the home: she didn't do the housework, she didn't take care of the child, she didn't do the laundry, she didn't cook, and she didn't work outside the home to help with the financial income. The husband did all the above as well as remained active in the Army for 24 years, even serving two tours in Iraq. For these 17 years, the spouse (wife) has slept on a couch in the living room area, not even keeping it picked up or clean.


There is a mediation tomorrow morning to try and settle things for the divorce. The husband is trying to find something to present that will enable him to retain his full retirement benefits in order that he and his son (he was granted full custody of the child...with no fight from the "mother" May, 2011) can maintain the life they are accustomed to, not one of luxury.


His divorce is based on the grounds of adultry and general indignities and was filed the middle of May. He has no concrete proof of the adultry. He did, however, overhear a very inappropriate telephone conversation in the middle of the night between his spouse and another man. Later, he witnessed his spouse getting into the sleeper of a semi truck with the same man for about 45 minutes. After he caught her doing this, she moved out of the house.


I hope this gives you more to go on and will enable you to find something the husband can use in his mediation.


Thank you for your time and attention to this matter.

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