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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18846
Experience:  Lawyer and current JAG officer.
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Husband and wife are married years and then divorce. Husband

Customer Question

Husband and wife are married for 14 years and then divorce. Husband completes career as E-8 with 24 years service. Wife enters military and has her own 20 year career. Is she entitled to part of husband's retirement pension as well as her own? Both entered the military while they were married to each other.
Thank you
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

There is no entitlement unless the court ordered a division of the military retirement in the divorce.

The law concerning military retirement and divorce does not create an automatic entitlement, regardless of the length of the marriage. All the law does is grant the state court the right to divide the military retirement at the time of the divorce. The state court can choose to do so or not, and either result would be fine under the law.

So, if this wife received an award of a portion of the husband's military retirement in the divorce decree, she is then entitled to some of it, regardless of whether or not she later earns her own military retirement.

Now, if the divorce hasn't happened yet, and both marriages overlapped both individual's military service, BOTH can argue for a portion of the other's retirement in the divorce decree.

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