Thanks for the chance to help. I am an attorney with over 12 years military law
The law that covers this is found at Tile 10 US Code Section 1408. It is called the Former Spouse Protection Act. IT allows division, by the divorce court, of the military pension. If you look at the law (you can see it here 10 USC 1408
) you see that there is no set percentage required by the law. The amount is totally at the discretion of the trial court. So they could, for example, give her up to 50% (that is the max allowed under the law).
OH is an equitable distribution state...that means the court will divide the property of the marriage
according to what they find fair.
Based on what you describe? I would expect her to get 25% (1/2 of 1/2) since she was married for half your career. But the court can give more or less, mostly depending on if you can agree.
You see, a divorce can be either contested or uncontested
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 take longer and involves attorney fees for both sides.
SO if you can agree? Then it is easy...and you both save money and time.
This is separate from child support...the court decides that.
You can certainly offer to pay for braces and health care (though TRICARE
will cover your kids...you do not need to agree to that...the court can order it), but the court will calculate support based on relative income and needs of the kids alone...not much to negotiate here.