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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33911
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My husband served 20 years and retired. We've been married

Customer Question

My husband served 20 years and retired. We've been married 30 years. 18 of his 20 years of service I have been with him. During those years he's been deployed 5 times and been pcs'd to California for 2 years as geograpical bachelor. How much of his retirement pay am I entitled to?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year 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 helpAlso, if you would like to chat on the phone, let me know and I can make that happen. This depends on several factors...primarily by state law...what state do you anticipate filing for divorce in?
Customer: replied 1 year ago.
Kansas
Expert:  P. Simmons replied 1 year ago.
ThanksSorry for the delay. I was called away unexpectedly. KS is an "equitable distribution state"...this means that the judge has discretion in dividing the marital estate....they do not have to divide up exactly 50/50. But, generally speaking they try and do so.What you are describing? It sounds like your marriage overlapped most of the service (18 of 20 years)...so I would expect the court to grant you just shy of 50% (18/20 x .5 = 45%)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.
Customer: replied 1 year ago.
What if I made my residence in Wisconsin? How long would I have had to live there to file?
Expert:  P. Simmons replied 1 year ago.
WI has a 6 month residence requirement. So you can file after you have lived there 6 months.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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