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rayanswers, Military Law Answer Team
Category: Military Law
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Experience:  Military Law Expert
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I lived as a "common law" wife for 6 months before I was

Customer Question

I lived as a "common law" wife for 6 months before I was legally married. I was married to an Air Force Officer for 9 years and 9 months before divorce. When considering retirement benefits would I be considered married for 10 years and 3 months?
Submitted: 3 months ago.
Category: Military Law
Expert:  rayanswers replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  rayanswers replied 3 months ago.

If you lived together in NC here then the answer is no credit for that period of time.NC does not recognize common law marriage.You will only be given credit by the judge for the period you were married.Please don't shoot the messenger here I am trying to be honest with you.It would be 9 years and 9 months in property division of the retirement benefits.

Reference to the law

http://www.speakslaw.com/faqs/does-north-carolina-recognize-common-law-marriage-how-long-does-a-couple-have-to-live-together.cfm

North Carolina is an equitable distribution state. This means that the court will divide your property in a way that is equitable, meaning that it must be fair. The court must begin the process by presuming that it is equitable to split the marital and divisible property equally.

https://www.google.com/search?q=NC+common+law&ie=utf-8&oe=utf-8#q=NC+divorc+property

I am so sorry that you are having to go through this.I do appreciate the chance to help you and wish you the best.I know that this can all be overwhelming.

Expert:  rayanswers replied 3 months ago.

A lawyer for you here

N.C. Lawyer Referral Service

Attorney Referral Service

Address: Cary, NC 27513

Phone:(###) ###-####/p>

Hours: Open today · 8AM–5PM

Thanks again.

Expert:  rayanswers replied 3 months ago.

If you can rate 5 stars when we are done it is always much appreciated, thanks for letting me help you today.

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