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MIAMILAW1127, Lawyer
Category: Military Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I am retired military and my wife separated from me and we

Customer Question

I am retired military and my wife separated from me and we are getting a divorce. How much of my retirement pay is she entitled to??
Submitted: 1 year ago.
Category: Military Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

North Carolina is an equitable division state which means that the court will divide the property in a manner in which they think is fair. This may mean a 50/50 split of your retirement pay depending on how long you were married. Other factors considered are the spouses’ ages, health, income, assets, and liabilities. The court will also look at the length of the marriage, the liquidity of the marital property (cash being the most liquid asset while stocks are among the least liquid), and how each spouse contributed to the marital property or dissipated marital assets. Contributions as a homemaker count the same as any monetary-based efforts, and you have a greater chance of keeping the family home – or at least the right to live in it – if you have custody of the children. Additionally, the court will consider tax consequences and any other factor that’s just and proper.

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