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My son and daughter in law have been married less than a…

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My son and daughter...

My son and daughter in law have been married less than a year and live in California. It appears they may file for divorce before their one year anniversary. How will his retirement funds from the military be affected?

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

I have not but I have advised him to do so.

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

I am just trying to get my son to realize the importance of speaking to someone as soon as possible.

Submitted: 4 months ago.Category: Military Law
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Answered in 5 minutes by:
12/7/2017
Military Lawyer: legalgems, Lawyer replied 4 months ago
legalgems
legalgems, Lawyer
Category: Military Law
Satisfied Customers: 12,569
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Military Lawyer: legalgems, Lawyer replied 4 months ago

I am sorry to hear they are going through this.
CA is a community property state which means that all property earned during marriage, including pensions and retirement funds, are divided 50/50 between the parties; the husband is entitled to that portion of the wife's pension that accrued during marriage, and vice versa.

Here is information here on military pensions

Often the spouses will buy each other out or waive one another's interest in the pension if the contributions are similar in amount.

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Category: Military Law
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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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