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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33091
Experience:  16 yrs. of experience including family law.
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I am in a dual military marriage, I am an O-4 and she is an

Customer Question

Customer: I am in a dual military marriage, I am an O-4 and she is an E-7. We are both getting ready to retire in Illinois. How id the retirement treated when both get a retirement? Does she take hers and I take mine in this situation or do I have to give her some of mine since its larger?
JA: Thanks. Can you give me any more details about your issue?
Customer: Married 18 years and I have been in the military 24 years and she has been 21. Trying to see id she still gets half of my retirement and I get hers or do we just take our own since we are both military?
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Submitted: 10 months ago.
Category: Family Law
Expert:  P. Simmons replied 10 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

The law treats military retirement similarly to other retirement programs.

The court would calculate the value of the pension (this is easy...once you retire...DFAS will tell you how much you get per month), and look at the overlap of the marriage and the period of employment where the pension was earned and divide accordingly.

Example, say you were married 20 years and served 20 years and the periods overlapped (you marry the day of your commission and divorce the day of retirement). In such a case the court would split 50/50

But say the over lap is 10 years (you married at your 10 year mark and retired at 20). In such case, the would split 75% to you 25% to you soon to be ex.

So the court would perform this analysis and would divide accordingly...if your getting more money...I would anticipate you would have to pay a bit of money, all else being equal.

But lets back up....

a divorce can either be contested or not contested.

Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)

Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This takes longer and involves attorney fees for both sides.

SO, if you can agree with your "soon to be ex" on who gets what, great! If not, you need an attorney. I would urge you to reach an agreement...if you do? You will both save money on lawyers.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

Expert:  P. Simmons replied 10 months ago.

Follow up. I see you had a chance to review my answer.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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