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legalgems
legalgems, Lawyer
Category: Military Law
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Married to a Service Member that is a Master Sergeant in the

Customer Question

Married to a Service Member that is a Master Sergeant in the military for 25 years and we have been married for 19 years with three children. We are divorcing and he will be retiring in a few months. Wanted to know what I should expect to receive.
Submitted: 1 month ago.
Category: Military Law
Expert:  legalgems replied 1 month ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 1 month ago.

Thank you for your patience;

the UFSPA (here) allows a state court to have jurisdiction over the military retirement, so that a former spouse is entitled to recieve a portion of the retirement, depending on state law.
In GA, normally the courts will divide marital property "in an equitable manner" - this means fair and just, which is not necessarily equal. The relevant time frame is the marriage- ie the portion of the retirement that accumulated (and its appreciation) during the marriage. Often times the court will award a 50/50 division. This assumes that the 10/10 rule has been met- which states that the military member and former spouse must have been married for 10+ years, and during which the member performed at least 10 years of military service creditable towards retirement eligibility.

It is very important that the decree set out this property right; the order can set this out as a percentage, as a specified amount, or as a formula.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 30 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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