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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19169
Experience:  Lawyer and current JAG officer.
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How much of my pension can my wife get. We were married 26

Customer Question

How much of my pension can my wife get. We were married 26 years, but only 8 were while I was in the military. She was also in but is 100% disabled and gets a pension tax free from the VA.
Submitted: 11 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 11 months 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.

The law that allows state courts to divide military retirement doesn't really dictate any formula that the court has to use. That is left to the state court's discretion.

Legally, she could get 50% of your retirement, even though you weren't married during the entire military service. She could also get 0%, and the court could choose to ignore that your marriage overlapped military service. This is particularly true if the court decides that she has her own retirement funds and so everyone should just keep what they have.

However, if a court were to order division they treat your military retirement like equity in a home and hold that any part earned during the marriage is divided equally. If the court chooses to use that sort of formula, it would look like 8/26 times .50 or about 15%.

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 11 months 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.