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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32824
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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how much % of retirement pai is .9

This answer was rated:

how much % of retirement pai is .9
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Sorry...can you give some context...all I see is

how much % of retirement pai is .9

If you can provide some context it may be I can assist.
Customer: replied 3 years ago.

i did 20 yrs active and mi wife is divorcing me after 18 yrs of marriage,her lawyer send me the decree and it states that she gets 50% of my retirement,is that correct?

What state are you in sir?
Customer: replied 3 years ago.

texas, also is she entitled to my 30% disability?

Thank you

Texas is a community property state. So she gets half of what you earned while married.

If you served 20 and were married for 18 I would expect the court to assign her 45% (18/20 x 1/2).

But that is of "disposable retired pay"

If you are at 30% VA disability? Then you are waiving a portion of your pension to get VA compensation (tax free)

If her lawyer is smart? He or she will ask the court for a higher percentage of your pension to offset the fact you are shielding some of it from her by waiving it in favor of VA compensation.

So if she has a lawyer? YOu may want to get one as well.

P. Simmons and other Military Law Specialists are ready to help you

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