Family Law Questions? Ask a Family Lawyer Online.
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So, to be clear, your husband is (or was) in the military and he will receive a military retainer (pension), correct?
If you saw an offer for a phone call, that is something the site automatically offers - I don't see that. But I am back online now so please hold while I type a response. Thanks.
The military retirement is calculated by the following formula: Number of years of service divided by the number of years of service while married times 50%. So hypothetically 7 years of marriage divided by 20 years times 50% = 17.5% would be a property right of the spouse. But you would need to make sure that it is spelled out in the final divorce decree. No credit is given for the time that you lived together. Also, a spouse must keep the non-military spouse on his or her medical insurance up until the final divorce decree is entered. The grounds for divorce have no bearing on this property right. As long as a divorcing spouse has this addressed in the final divorce decree, the entitlement is available. I hope this helps.
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