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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19203
Experience:  Lawyer and current JAG officer.
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My husband is retired navy, we have been married over 18

Customer Question

My husband is retired navy, we have been married over 18 years! I have 2 children ages 16 and 17. I was just wondering what my rights are in the state of Virginia for a divorce? What am I in titled too? I have been a house wife for all of our marriage, only have worked a couple of jobs here and there while he was on deployments(4 jobs total 2 years with all). He has made me quit all of them! I am having a real hard time finding a job due to no college and no experience, especially living in a college town. He is attending college at Liberty University right now, but will not allow me to attend college. He will be getting an inheritance from his grandmother, am I in tilted to any of it? Thank you
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.

Military law and divorces don't actually establish an entitlement. You are not entitled until a court order issues you a right.

All the law does is grant the state court (including Virginia courts) the right to divide military retirement, if they choose to do so. The law does not require a state court to.

Most state courts do (including Virginia) and often choose to use a formula which takes into consideration your length of marriage.

Let's assume he only served 20 years and you were married 18 years of that military service (assuming your entire marriage was overlapped by military service). You'd potentially be able to get 18/20 times .50 or 45% of his retirement. That's not a guarantee or a right at this point. It is just one possible outcome. The court could grant you 0% or 50%, or anything in between based on any formula is chooses.

As for the inheritance, that is not a matter of military law. It usually would not be considered a shared asset though, no.

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. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. 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 after the response I previously provided to you. 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.