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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16294
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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I was divorced in the State of Illinois back in 2003 with 13

Customer Question

I was divorced in the State of Illinois back in 2003 with 13 years of Marriage and with broken service all total about 12 years in the Navy, Rank of E-5,. The divorce decree states that my ex is entitled to the marital portion of my military retirement. How does Illinois compute the dollar amount and how long I am to pay her?
Submitted: 1 year ago.
Category: Family Law
Expert:  Legalease replied 1 year ago.
Hello there --
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I apologize for the delay in responding to your question. The amount due to your ex wife will be a percentage of your pension based upon the number of years you were in the service and how many of those years you were married to her. For example, in your case if you were in the service for 26 years and you were married to her for 13 years of that 26 years, the starting point is a 50/50 split IF you had been married to her for the full 26 years. However, because you were married to her for one half of the 26 years, then she would be entitled to only one half of the 50 percent that would have otherwise been awarded to her if she had been married to you for your full service in the military. So, in this example, she is entitled to 25 percent of every monthly pension check that you receive until you die or she dies (whichever happens first). If she predeceases you, then the amount being paid to her will come back to you every month from that point forward. In the event that you are offered a lump sum pension, then in the example above, she would be entitled to 25 percent of the lump sum payment.
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In order to facilitate a military retirement, you must contact the military pension department and when you do that you should make them aware of this divorce decree and give them her current address and information. The military is actually very good at allocating the correct amount to each ex spouse and sending the money directly to each party. However, if they make a calculation that you believe is not correct or that you do not agree with, you should have a local attorney familiar with military pensions take a look at the divorce agreement, your length of marriage and the determination made by the military pension office because you can get them to make corrections on the percentages if you can show that they are incorrect pursuant to the length of the marriage and the language of the divorce decree.
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MARY

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