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KJL LAW
KJL LAW, Lawyer
Category: Military Law
Satisfied Customers: 1543
Experience:  Attorney at law Office of KJLLAW
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If I was married to my spouse for less then 10 years while I

Customer Question

Hello if I was married to my spouse for less then 10 years while I served and retired from the military is she entitled to any or half of my retirement pay.
Submitted: 10 months ago.
Category: Military Law
Expert:  KJL LAW replied 10 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

Under Federal law there is no rule or law that automatically entitles a former spouse to a portion of your military retired pay. She would have to be awarded a portion of your military retired pay in a Georgia State court order.

Specifically, the Uniformed Services Former Spouses’ Protection Act (USFSPA), Title 10, United States Code, Section 1408, passed in 1981, only states that a state court can, but it is not required, to divide military retired pay as a marital asset or as community property in a divorce proceeding. Retired pay as property payments are prospective only, not retroactive. Retired pay arrears cannot be collected under the USFSPA.

Under Georgia law all contributions made by either spouse during the marriage to any retirement account, including a military pension, 401(k), or an IRA are subject to equitable division. That said, the non-earning spouse has a claim to any of these funds, but the Court does not have to award any of the retirement funds to the other spouse if it would be otherwise equitable, considering the overall financial circumstances of the both you and your wife. Georgia is not a community property state where the retirement and all funds are automatically split in ½.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

Customer: replied 10 months ago.
You didn't answer my question. Normally if someone is married to a person for 10 years or more then they are entitled to half of the service connected retirement. I was only married to my spouse for 7 years of my 20 year military career is she entitled to half or some of my retirement pay
Expert:  KJL LAW replied 10 months ago.

No there is not rule of 10 years or more or a marriage limit.

Expert:  KJL LAW replied 10 months ago.

To further clarify, the 10/10 rule under the USFSPA does not automatically entitle your spouse to a portion of your retired pay. She must be awarded a portion by the Georgia court before the 10/10 rule will apply. if she is not awarded any pension by the court she will not get any amount under your pension.

Expert:  KJL LAW replied 10 months ago.

Please let me know if you have any additional questions.

Expert:  KJL LAW replied 10 months ago.

Please let me know if you have any additional questions.

Expert:  KJL LAW replied 10 months ago.

Please let me know if you have any additional questions.

Expert:  KJL LAW replied 10 months ago.
Please let me know if you have any additional questions.
Expert:  KJL LAW replied 10 months ago.

Please let me know if you have any additional questions.

Expert:  KJL LAW replied 10 months ago.

If you have any other questions just ask.

Expert:  KJL LAW replied 10 months ago.

If you have any other questions just ask.