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Roger, Attorney
Category: Family Law
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My dad is in the middle of a bitter (greedy) divorce from his

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My dad is in the middle of a bitter (greedy) divorce from his fourth wife. She was not married to him during his 21 years in the military. She want's half of all the money he gets monthly. Those are VA disability, Military Retirement, Social Security and Post Office Retirement (they were married while he worked there). Is she allowed to get any of his Disability, Social Security and/or Military Retirement pay as alimony?

Roger : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : Generally, the court can only divide the "marital portion" of the pension - - which is the military retirement and post office retirement - - that was earned during the marriage. The rest of the pension (that earned before marriage or after separation or divorce) is the member's separate property. Courts in many states compute the marital portion by looking at the years of pension service during the marriage compared to the total military service of the member.
Roger : Thus, if she was not married to him during the time any retirement funds were acquired, then she should not be entitled to those funds.
Roger : Here's a good link that outlines an ex spouse's entitlement to Social Security benefits:

Just so I understand you correctly. Since she was not the wife that was married to him during his military career she is NOT entitled to his Military Retirement Pension. Since they were married during his Post Office career she IS entitled to a portion of that retirement check. What about his VA Disability check, is she entitled to a portion of it? I will check out the website you gave me for Social Security. Thank you for your time and help.

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