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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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I just retire from the military and about to get divorce. Do

Customer Question

I just retire from the military and about to get divorce. Do i have to give the half of my pension to my wife future to be my ex... ?
we been married for 10 years
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
Thank you for your patience as I looked into this for you.
Typically the courts will only award 50% of the pension that was earned during the marriage; it would not be just to award someone 50% of a pension that took a lifetime to earn, after being married for only a decade.
This is from a different state, but please see Fact #1- it explains the concept - which applies in all states as pensions are federal issues: https://www.ncbar.com/lamp/l_fact_whacked.asp
For more information please review:
http://www.americanbar.org/content/dam/aba/uncategorized/family/012012_military_silentp_mpd_servicemember.authcheckdam.pdf
The USFSPA allows state courts to grant up to half of a service member’s retirement pension to his ex-wife during divorce proceedings, and not more than that- that is the limit.
The judge will determine what the non - military spouse's interest is.
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Expert:  LegalGems replied 1 year ago.
Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
Should you have further questions please post here to continue our dialogue. Otherwise,
kindly rate positively
as I am an individual contributor and rely on positive ratings to receive compensation for providing the requested information - this does not result in additional charges to the customer, but rather allows the site to credit my account a percentage to compensate me for my time.
THANK YOU!