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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33101
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My wife and I are separating after 28 years. I retired after

Customer Question

Hi, my wife and I are separating after 28 years. I retired after 20.5 years in the military but was only married to her for 17.6 yrs of it. Is she entitled to 50% of my mil retirement pay? We married in the state of VA but are residents of the state of Florida
JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: not yet
JA: Is there anything else important you think the Military Lawyer should know?
Customer: During the marriage there were issues of infidelity on her part, lose of job due to theft on her part and now I'm being abandoned. Also, for the infidelity part, I have medical proof of a disease contracted because of infidelity
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Customer: and the lose of her job
Submitted: 6 months ago.
Category: Military Law
Customer: replied 6 months ago.
Also, I retired as an E-7 from the Air Force
Expert:  P. Simmons replied 6 months 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 help

Also, if you would like to chat on the phone, let me know and I can make that happen.

You mention infidelity...can you tell me more about this divorce? Are you suing her for "fault" based on this adultery?

Customer: replied 5 months ago.
The infidelity scene was years ago and had been the basis of most of our arguments. I do have proof of her PID disease contracted from it. Now she has moved out. Can these be used in my defense?
Expert:  P. Simmons replied 5 months ago.

Generally speaking, she would be entitled to half the pension earned during your marraige

Example...say you are married 10 years and that overlaps your service...and you serve 20 years total.

She would be entitled to half of half (25%)

But if the basis for divorce is her adultery?

That would be a basis to ask the court to award you a larger share of the martial property (so give her less of your pension)

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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