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rayanswers, Military Law Answer Team
Category: Military Law
Satisfied Customers: 36380
Experience:  Military Law Expert
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My husband is retried from the military wat are my rights

Customer Question

My husband is retried from the military wat are my rights
Submitted: 2 months ago.
Category: Military Law
Expert:  rayanswers replied 2 months ago.

Hi and welcome to JA. Ray here to help you tonight, How long have you been married.Were you married when he was in the service here, or what part were you married that he was in, say we were married for 10 years of his service?Thanks.

Customer: replied 2 months ago.
We got married a few years after he retired so we have been married about 4 years
Customer: replied 2 months ago.
I want to know am I entitled to spouses support
Expert:  rayanswers replied 2 months ago.

Under Alabama law you would not have a claim to his pension since it vested prior to marriage..

A marriage here of five years or less makes it iffy for you to get spousal support aka alimony here.You are entitled to half of all the property and income for the 4 years of the marriage.Honestly not sure if it is possible but you would be a better candidate for spousal if you can stall on filing here for a year.

If you get any spousal it is going to be limited to 6 months to a year at the best if you are only married 4 years. Five years is considered long term marriage where support is ordered to help you.

I appreciate the chance to help you today.Thanks again and good luck here.

Expert:  rayanswers replied 2 months ago.

Here in Alabama, courts award lump sum alimony called "alimony in gross," which gives a present value to the recipient’s rights to alimony and is similar to a division of property. As an award for a fixed lump sum, similar to a property settlement, alimony in gross is not modifiable, and is permanent after 30 days from final divorce decree. It is not cancelled by remarriage. In awarding a lump sum, the court ignores the recipient’s separate estate. In addition, a lump sum alimony payment may be a nontaxable transaction. The court may also order regular support payments over a period of time. This differs from alimony in gross in that it can be modified and ends upon remarriage or cohabitation of the receiving spouse, or the death of either spouse.