Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I am in a dual military marriage, I am an O-4 and she is an

Customer Question
Customer: I am in a...
Customer: I am in a dual military marriage, I am an O-4 and she is an E-7. We are both getting ready to retire in Illinois. How id the retirement treated when both get a retirement? Does she take hers and I take mine in this situation or do I have to give her some of mine since its larger?
JA: Thanks. Can you give me any more details about your issue?
Customer: Married 18 years and I have been in the military 24 years and she has been 21. Trying to see id she still gets half of my retirement and I get hers or do we just take our own since we are both military?
JA: OK got it. Last thing — Family Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 42 minutes by:
1/21/2016
Family Lawyer: P. Simmons, Lawyer replied 2 years ago
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,701
Experience: 16 yrs. of experience including family law.
Verified

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

The law treats military retirement similarly to other retirement programs.

The court would calculate the value of the pension (this is easy...once you retire...DFAS will tell you how much you get per month), and look at the overlap of the marriage and the period of employment where the pension was earned and divide accordingly.

Example, say you were married 20 years and served 20 years and the periods overlapped (you marry the day of your commission and divorce the day of retirement). In such a case the court would split 50/50

But say the over lap is 10 years (you married at your 10 year mark and retired at 20). In such case, the would split 75% to you 25% to you soon to be ex.

So the court would perform this analysis and would divide accordingly...if your getting more money...I would anticipate you would have to pay a bit of money, all else being equal.

But lets back up....

a divorce can either be contested or not contested.

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 takes longer and involves attorney fees for both sides.

SO, if you can agree with your "soon to be ex" on who gets what, great! If not, you need an attorney. I would urge you to reach an agreement...if you do? You will both save money on lawyers.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

Ask Your Own Family Law Question
Family Lawyer: P. Simmons, Lawyer replied 2 years ago

Follow up. I see you had a chance to review my answer.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Ask Your Own Family Law Question
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,701
35,701 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

35,701 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
To Ray, Family Lawyer sir. I wanted to open a new question
To Ray, Family LawyerHello again sir. I wanted to open a new question thread for a final quick question that has come up:On the form entitled, "12.900(h) Notice of Related Cases" on pg. 7/9 under wher… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Family Lawyer I have a question for you about a form to be
For Ray, Family LawyerHello sir. I have a question for you about a form to be filed with the paperwork for Uncontested divorce with no children or property. Is this form entitled, "CERTIFICATE OF COMP… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Family Lawyer: sir. I have another inquiry for you that has
For Ray, Family Lawyer:Hello again sir. I have another inquiry for you that has come up:1. So on this form called "FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHI… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Family Lawyer: This is inquiry about the last question I
For Ray, Family Lawyer:Hello sir. This is a followup inquiry about the last question I had.1. In the Marital Settlement Agreement under Section 2 Question 2 it asks explain the type of alimony ---" Ex… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Family Lawyer We spoke last night. I have another inquiry
For Ray, Family LawyerHello sir. We spoke last night. I have another inquiry for you.1. So in this forms packet below for Divorce with Property But No Children, I was wondering if you can tell me plea… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I would like to know what the commonlaw marriage divorce
I would like to know what the commonlaw marriage divorce rights are in Colorado. I have proof of commonlaw marriage. My husband pays for the house and my car. How will this affect my rights? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question for an Arizona Law Family Lawyer regarding
I have a question for an Arizona Law Family Lawyer regarding child support modification. The state has added 7000 in arrearages to my account and need some advice. Have asked the question, but no resp… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
After seven years of marriage and a may be divorce I would
After seven years of marriage and a may be divorce I would like to know what amount of alimony might be due. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
Why can't I find a family lawyer licensed in Washington to
Why can't I find a family lawyer licensed in Washington to help my indigent son file a motion that presents new evidence the most likely would have resulted in a different outcome in his divorce case … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I filed for divorce. I'm in a same sex marriage. If he
I filed for divorce. I'm in a same sex marriage. If he doesn't sign the waiver but doesn't show up for the final court date or he doesn't sign the final decree, will I still be granted the divorce? I … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In california divorced 5 years, term marriage my alimony is
In california divorced 5 years, long term marriage my alimony is higher than child support … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Family Lawyer I have two quick inquiries for you (I will
For Ray, Family LawyerHello sir. I have two quick inquiries for you (I will check back in Saturday for response) This is in regards ***** ***** divorce with children forms for a pro-se filer.1. First,… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Need to talk with a a family lawyer if possible about
Need to talk with a a family lawyer if possible about gardenship for my mother … read more
Sue
Sue
Juris Doctorate
244 satisfied customers
Are you an Arizona family lawyer, not on this question but I
not on this question but I had one in my divorce modification case for 6 years … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need to ask family lawyer for possible divorce. a second
i need to ask family lawyer for possible divorce. a second opinion. Lawyer should be praticing in CA. I am planning a divorce for my wife of more than 15 months. My question we have a prenuptial agree… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
Divorcing a cheater! Wife owned home prior to marriage.
Hi, divorcing a cheater! Wife owned home prior to marriage. Refi's to lower rate and reduce term of mortgage. Cheaters income used to qualify for shorter term, 5 years older and retirement planning. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The divorce is happening in FL. During the marriage I was
The divorce is happening in FL. During the marriage I was awarded a settlement regarding a lawyer not filing dental damage, pain and suffering of 79,000. My spouse asked for a divorce 6 years later. T… read more
LegalGems
LegalGems
Juris Doctorate
10,718 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