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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34756
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Mr., I have a question. My husband and I were married in

Customer Question

Hi Mr. Simmons, I have a question. My husband and I were married in 1999. He was in the military. He retired in 2007 after 20 years. We have now been married 16 years and he is engaged to another woman so he filed for divorce from me. Since I can't afford an attorney I must do paperwork myself. I need to know if I am entitled to 1/2 of his military retirement. Thank you, Theresa
Submitted: 2 years ago.
Category: Military Law
Expert:  P. Simmons replied 2 years ago.

I am truly sorry for this dilemma. Can you tell me which state you will divorce in? Would it help to chat on the phone about this?

Expert:  P. Simmons replied 2 years ago.

Sorry... I see you viewed the question but have not responded. I will need this information before I can provide you an answer.

Expert:  P. Simmons replied 2 years ago.

Thank you for providing the state information. Arizona is a community property state; so you were entitled to half of the property acquired during the marriage. What you're describing your marriage will overlap his service but your marriage did not cover the entire service.

For this reason you will be entitled to less than one half of his retirement pension. Specifically, because you were married for approximately of the time he served you would be entitled to approximately 25% (One half if one half) of his pension.

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.