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My husband just retired from the army. He has been cheating…

My husband just retired...

My husband just retired from the army. He has been cheating on me for years. The first time we were married 12 years and this time in January it has been 7 years . If I divorce him what am I entitled to.

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

He has retired

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well three a lot of things that I know he has. He has put he has sent me throw a lot of emotional stress because of his action. I had to go to counseling for 12 weeks.

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Answered in 11 minutes by:
11/22/2017
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,636
Experience: Lawyer and current JAG officer.
Verified

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.

You don't legally have any specified entitlement to any specific portion of military retirement. That is not how the law works. You can divorce him and, as part of that process, make a request that the court divide his military retirement with you based on the number of years that your marriage overlapped his military service. State courts are not obligated to do so though, just as they are not required to divide civilian forms of retirement. They typically do, but it isn't an entitlement until the court actually makes that award, and the court can technically choose not to do so.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star 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.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,636
Experience: Lawyer and current JAG officer.
Verified
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Allen M., Esq.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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