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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 110442
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband wants to get separated and then divorced, we

Customer Question

My husband wants to get separated and then divorced, we havent been married long at all and i just wanted to know my rights he pretty much threw me and my 5yr old to the curb.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: We were in Virginia but i just came back to NY
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I dont know what other information he needs other than rank E5
Submitted: 2 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You have rights to continued medical benefits for your child. You also have the rights to continued health benefits for you for up to 12 months after the divorce at which time you would need to get your own coverage or negotiate into the divorce that he is liable for coverage.
You also would have a right to seek a spousal share of the housing pay he receives, which would be based on location and his housing allowance.
You also have a right to seek a share of any pension he has built up to date.
Based on your needs you would be entitled to spousal support as well, especially if you did not get to establish your own career because of following him around in his assignments.
Finally, you would be entitled to child support which would be based on his pay and you can have garnished from his pay through the military.
Customer: replied 2 months ago.
My son isnt his biological son, but he is a dependent. Will he lose everything? We have only been married for a year and a half. And how much im a entiled to because hes making seem all about money. Stationed in fort eustis va 23608. And hes about to get stationed to japan in march for 2 years
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for clarification on that and the additional information.
Unfortunately, your son would not get any benefits since he is not his biological son in the event of divorce. Also, for such a short marriage, your entitlement to spousal support may be very limited, likely only to 3 years temporary support.
I cannot tell you how much you are entitled to because I am not privy to all of his and your finances. I can just tell you what you are entitled to in the way of rights. With a short marriage and little marital property though and with the child not being his child, you are going to end up walking away with very little because you have been married such a short time.
Customer: replied 2 months ago.
He wants to stay married until he comes back from japan in 2 years to collect bah, if that were to happen would i be entiled to more. We bought a house last month but he refused to put me on the deed. Would i be able to get half or do i lose out on everything
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
If you stay married, he is liable to pay you spousal support and maintain your health benefits and the child's. You would also receive a family member BAH based on his BAH.
If you bought a house during marriage, unless you signed a waiver of marital interest, the house is considered marital property and you would be entitled to at least a 1/2 share of the marital funds put into the house up to when you divorce.
Customer: replied 2 months ago.
it doesnt matter than im not on the deed or any paperwork? I didnt sign anything of which you said. And is this only if we stayed married or if we get divorced before he leaves to japan i get half the house too?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
In VA any property acquired during marriage is considered marital property, so even with your name not on the deed, you are entitled to a minimum of 1/2 of the marital money paid into the house. You get that whether you divorce now or later.
Customer: replied 2 months ago.
the house being half mine, what happens to it he literally signed for it last monday. Like what it the process ehat do i do what do i get does he have to sell it or what?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
That would be up to the court as to what he has to do, but most times they will not make him sell it unless he cannot pay you 1/2 of the equity in the home. If he cannot pay you the marital share of your equity in the home, then the court could order it sold.