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Law Tutor, Esq.
Law Tutor, Esq., Lawyer
Category: Family Law
Satisfied Customers: 165
Experience:  N/A
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How much pension am i entitle to when divorcing after 7yrs

Customer Question

how much pension am i entitle to when divorcing after 7yrs of marriage and does living together for 8 years matter does getting married early due to stroke matter with insurance'what about military benefits,and reasons for divorce lick hiding child moslastation?
Submitted: 9 months ago.
Category: Family Law
Expert:  Law Tutor, Esq. replied 9 months ago.

Hello. I am an attorney with experience in multiple jurisdictions and I look forward to assisting you today. Note: (1) If you want legal advice, please consult with a local attorney before acting or deciding not to act; information given here is for educational purposes only; (2) No specific course of action is proposed and no attorney-client relationship or privilege is formed herein; and By continuing, you confirm that you understand and agree to these terms and other site disclaimers.

So, to be clear, your husband is (or was) in the military and he will receive a military retainer (pension), correct?

Customer: replied 9 months ago.
Customer: replied 9 months ago.
Expert:  Law Tutor, Esq. replied 9 months ago.

If you saw an offer for a phone call, that is something the site automatically offers - I don't see that. But I am back online now so please hold while I type a response. Thanks.

Expert:  Law Tutor, Esq. replied 9 months ago.

The military retirement is calculated by the following formula: Number of years of service divided by the number of years of service while married times 50%. So hypothetically 7 years of marriage divided by 20 years times 50% = 17.5% would be a property right of the spouse. But you would need to make sure that it is spelled out in the final divorce decree. No credit is given for the time that you lived together. Also, a spouse must keep the non-military spouse on his or her medical insurance up until the final divorce decree is entered. The grounds for divorce have no bearing on this property right. As long as a divorcing spouse has this addressed in the final divorce decree, the entitlement is available. I hope this helps.

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Expert:  Law Tutor, Esq. replied 9 months ago.

Did you have any other questions? I hope things are going well for you. If you don't require anything further, please don't forget to rate me 5 stars so that I may receive credit from the site for helping you. Take care!