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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19316
Experience:  Lawyer and current JAG officer.
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I retired from the military. My wife cheated with one of my

Customer Question

I retired from the military. My wife cheated with one of my friends. My friend is the one that told me about it. I filed for a divorce in Alabama. Is she entitled to any of my retirement since she is the one that broke up our family. The guy she cheated with is willing to go to court with me.
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. That is really up to the state court here. Nothing in military law makes the infidelity of a spouse render them ineligible for retirement division. Of course, nothing makes them legally entitled either. The state court here can grant 50%, 0% or something in between based on a formula of its choosing. Now, Alabama is a mixed state when it comes to divorce, meaning they recognize fault and no fault. By this, I mean that you don't legally have to have fault to allow a divorce, but the court can certainly take into consideration the acts of the parties and make decisions on that fault. So, in this instance, you would have powerful arguments that your spouse shouldn't be allowed to take advantage of the benefits of your military retirement, when she is the reason that she can't use them in the marriage itself. This is an equitable argument though. By this, I mean there is no statute that you can point to which says "if she cheats, she can't have retirement division." Rather, this is an argument of fairness and the judge can accept or reject it. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 1 year ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.