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I'm married to a retired vet for 25yrs, if divorced am I…

I'm married to a...

I'm married to a retired vet for 25yrs, if divorced am I entitled to any benefits?

Lawyer's Assistant: Are you overseas or stateside?

Hawaii

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

No chain, retired.

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3/21/2018
KLAW
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Federal Law allows state courts to treat disposable retired military pay as property divisible in accordance with the laws of the state court.Technically, a state court can divide retired pay by any legal standard, according to its state law or its Code. In Hawaii the court Ghey follow the courts follow the Uniformed Services Former Spouses Protection Act which has authorized state courts to divide military retirement pay, much like a civilian pension.The courts will divide military pensions by a fraction made up of the number of months the marriage overlapped the military service divided by the total number of months of military service and then that number or percentage multiplied times 1/2. So, if a marriage lasted 10 years, and all 10 years were while the family was in military service, and the military member served 20 years, the non-military member may expect to receive 10/20 X 1/2 of the pension, or 25% of the retired service member’s disposable retired pay.In order for the Department of Defense (DOD) to pay a portion of a military member’s retired paydirectly to the former spouse, the following guidelines must be met:(1) The ex-spouse must have been married to the military member for a period of at least 10 years, with at least 10 years of the marriage overlapping a period of military service creditable to retired pay.(2) Direct payments will not be made for division of retired pay in excess of 50 percent (even if there is more than one ex-spouse, the total of all payments cannot be over 50 percent).I hope this clarifies and helps. Please don’t forget to rate the question with stars. We as attorneys are not employees of Just Answer and are not paid unless you rate the question.
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KLAW
KLAW
KLAW, Lawyer
Category: Legal
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Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.

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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).

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