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I’ve been married for 2 months and I want to get my marriage…

I’ve been married for...

I’ve been married for 2 months and I want to get my marriage annulled but I don’t want my husband to get any benefits because he doesn’t deserve them is there anyway around that

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

We got married in Alabama but we live in New Jersey

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No not yet

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Answered in 1 minute by:
1/12/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

A spouse does not become entitled to military benefits until they have been married ten years. He would not get any benefits if you have the marriage annulled after two months. He would be entitled to a portion of any assets acquired during those two months, but that will not include your military retirement or other benefits. That's money in the bank, or if you bought a house or a car or something like that.

Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Mobile users may have to scroll to the right. Thank you.

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Customer reply replied 6 months ago
We only rent an apartment he’s not on my insurance we don’t have anything together

Then he wouldn't get anything.

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Customer reply replied 6 months ago
Ok thank you

You're welcome. Have a good weekend.

Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Mobile users may have to scroll to the right. Thank you.

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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,464
Experience: 16 yrs. of trial experience
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Different expert...different answer...the prior expert is wrong when they claim

A spouse does not become entitled to military benefits until they have been married ten years.

That is flat out wrong...no idea why she would claim that.

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I agree, generally, that for a short marriage there is little chance of the ex getting a portion of your retirement...but that COULD happen...absolutely

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.

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Customer reply replied 6 months ago
What if I don’t plan on retiring from the military

Then you have no issue with paying a portion of the retirement (the court can not order you to pay something you do not have)

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Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

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Hello again,

My answer came from Title 10, United States Code, Section 1408(d)(2), which clearly states that military retirement pay cannot be divided unless the spouses were married for at least 10 years during which the member was in the military.

Retirement pay can be used to calculate alimony, but (a) you're not currently retired and (b) a spouse would almost never get alimony in a 2 month marriage. Therefore, it's moot. I stand by my answer. Your spouse has no right to your retirement in this scenario.

Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Mobile users may have to scroll to the right. Thank you.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified
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