Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I am a retired military member and my wife wants a divorce.

I was wondering how much...
I am a retired military member and my wife wants a divorce. I was wondering how much of my retirement I have to pay her and for how long? I served 21 years and we were married for 11 of those years. Additionally, If I agree to pay for our childrens Braces, health care until they are each 23 and 50% of college costs, will my child support payments be lower?

Thank you,
David
Show More
Show Less
Ask Your Own Family Law Question
Answered in 11 minutes by:
5/19/2013
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,685
Experience: 16 yrs. of experience including family law.
Verified
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

The law that covers this is found at Tile 10 US Code Section 1408. It is called the Former Spouse Protection Act. IT allows division, by the divorce court, of the military pension. If you look at the law (you can see it here 10 USC 1408) you see that there is no set percentage required by the law. The amount is totally at the discretion of the trial court. So they could, for example, give her up to 50% (that is the max allowed under the law).

OH is an equitable distribution state...that means the court will divide the property of the marriage according to what they find fair.

Based on what you describe? I would expect her to get 25% (1/2 of 1/2) since she was married for half your career. But the court can give more or less, mostly depending on if you can agree.


You see, a divorce can be either contested or uncontested

Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)

Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This take longer and involves attorney fees for both sides.

SO if you can agree? Then it is easy...and you both save money and time.

This is separate from child support...the court decides that.

You can certainly offer to pay for braces and health care (though TRICARE will cover your kids...you do not need to agree to that...the court can order it), but the court will calculate support based on relative income and needs of the kids alone...not much to negotiate here.





Ask Your Own Family Law Question
Customer reply replied 4 years ago
Based on our "conversation" I would expect that we will attempt to file for an uncontested divorce. I think her biggest concern as that she get what she believes she is entitled to. How long to I have to pay her? 10 years?
Pay what? Retired pay? Support?
Ask Your Own Family Law Question
Customer reply replied 4 years ago
retired pay. I know any child support would have to be paid until my kids reach the age of 18 respectively.
Retired pay is considered property under 10 USC 1408. So typically it would be paid for life (yours or hers, whichever comes first)

If she will agree for a lesser term? Good for you. But the law allow the court to order for life.

Ask Your Own Family Law Question
Customer reply replied 4 years ago
Thanks for all the information. Would it be a realistic (smart) to ask for a provision be placed in the divorce paperwork that if she remarries (legal, common law, etc) then I no longer have to pay her?
sure...if she will agree to that.

Just understand, 10 USC 1408 allows division as PROPERTY...it is not support. So the court is not tied to the same rules as when they issue a spousal support order. But if she agrees to limit herself? Good for you. I would not...were I her lawyer, I would not let you get away with that. But that may be a good reason to avoid getting her to hire a lawyer...
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,685
Experience: 16 yrs. of experience including family law.
Verified
P. Simmons and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago
One more question (for today), what about disability? As I understand it my disability is not something that are is to be divided. I mean I'm the one with the disability, correct?
Technically, no.

Under the US Code the court can not partition the disability pension.

But Supreme Court case law holds that the trial court can consider that income in determining support, including spousal and child support. So that money is "in the mix" if you go to trial.

Ask Your Own Family Law Question
Customer reply replied 4 years ago
How can a court say it is income when the IRS doesn't?
Because the Supreme Court says so.

Rose v. Rose - 481 U.S. 619 (1987)

The court can consider VA compensation as income for support puposes.
Ask Your Own Family Law Question
Customer reply replied 4 years ago
I currently have a two seat car that I have for use when I'm home. Given the situation, should I attempt to purchase a four seat car before my wife and I seperate? So I can pick up my kids to visits, etc.
Sir, that I can not tell you...that is, it would violate the terms of service of this website for me to provide you legal advice on specific financial transactions.

Sorry.

Ask Your Own Family Law Question
Customer reply replied 4 years ago
Really? How about from a legal pre-divorce stand point, would it be in my best interest? Is that general enough?
The problem is that without reviewing the entire case, which can only be done in the context of an attorney/client relationship, any information would be no more than a guess...and of little value to you.

There are many factors that come into play, including the concept of marital waste. I'm not trying to evade your question, but to tell you that only an attorney who has knowledge of all of the facts of your case can assist with such a question.
Ask Your Own Family Law Question
Customer reply replied 4 years ago
Marital waste, what is that?
It is a legal concept that can apply when one party, prior to the divorce, spends marital property. If the court finds, for example, that you purchased this car in attempt to get more of the marital estate they can hold that against you in the division of the marital estate.

Ask Your Own Family Law Question
Customer reply replied 4 years ago
Oh; If I were to get a vehicle, I was going to do it in my name only and not use any marital property (cash). I was concerned that if I don't do it before it would be harder after all the debt is divided up.
Well, if you do it with your own money (not marital property) then it is a non issue...no issue at all.
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,685
Experience: 16 yrs. of experience including family law.
Verified
P. Simmons and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,685
35,685 Satisfied Customers
Experience: 16 yrs. of experience including family law.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

35,685 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
How common is it for "equitable distribution" to not be
How common is it for "equitable distribution" to not be equal. I always did the lions share of housework and child raising. (like 80-90%) I also worked far more hours at my business and contributed $1… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,297 satisfied customers
Ray NC law RE: Equitable Distribution and Consent Order. I
Hello RayNC law RE: Equitable Distribution and Consent Order.I understand a Consent Order is just that. The parties agreed and consented to certain things. As such, I believe this is typically not sub… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I just spoke to you regarding spousal support in Ohio. It's
I just spoke to you regarding spousal support in Ohio. It's asking for more money and I have a Me membership.… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
NC, Equitable Distribution laws. Equitable distribution and
greetings-NC, Equitable Distribution laws.Equitable distribution and distributive award.E.D. Judgment: marital home is over-valued. . Broker used the courts over-valued sales price. . 6 months later b… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
Share of 50%of Equitable distribution pay tax? ( husband's
Share of 50%of Equitable distribution pay tax? ( husband's compensation )At the divorce settlement, Share of Marital assets, liquid assets, retirement accounts pay tax?Who's paying tax on?Wife has not… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Spousal support in Maryland can be modified for a number of
Spousal support in Maryland can be modified for a number of factors including "substantial" increase or decrease in income. What is considered substantial?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I filed a spousal support giving up my rights and now I
I filed a spousal support giving up my rights and now I don't want to give up my rights I wanted to do a cost of living raise. … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
I was denied spousal support because I was convicted of
I was denied spousal support because I was convicted of domestic violence. I broke the telephone so she couldn't call the police during an argument we were having. The courts left it open to be determ… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,966 satisfied customers
I have a spousal support question, i have a judgment from
i have a judgment from back in 2011. i just found out that my ex is getting re-married so I was wondering if i just stop paying her or if i need to do something else … read more
socrateaser
socrateaser
1,031 satisfied customers
I need some spousal support advice for my divorce. Ca. No a
Hi Pearl, I need some spousal support advice for my divorce … read more
socrateaser
socrateaser
1,031 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I've been divorced since 1999, but spousal support stopped
I've been divorced since 1999, but spousal support stopped in 2000. Ex-husband worked as pilot for United Airlines. How can I claim this back support? I have not remarried. … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
Divorce settlement equitable distribution amount is up to
Divorce settlement equitable distribution amount is up to the date filed divorce or judgement of divorce? Ny.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
When does temporary spousal support end and spousal support
when does temporary spousal support end and spousal support begin. At my initial hearing I was ordered to pay $2000 per month of temporary spousal support. At the divorce hearing, the Judge ordered me… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I received spousal support after my divorce in 2005. I
I received spousal support after my divorce in 2005. I cohabited with a boyfriend for 3 years and my ex sued for termination of support, which was, in fact, terminated. The cohabitation lasted from 20… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
I have a question about equitable distribution in North
Hi Pearl, I have a question about equitable distribution in North Carolina. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
Need advice with child support spousal support separation
Need advice with child support spousal support separation divorce questions … read more
Expert James
Expert James
Doctoral Degree
11,707 satisfied customers
Can I get child support and spousal support from my spouse
Can I get child support and spousal support from my spouse once we divorce because he cheated and made a baby with this other woman and left the home? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x