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I am retired military with 20 years. I am divorced and my X…

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I am retired military with...
I am retired military with 20 years . I am divorced and my X wife receives 50% of my retired military pay. I am also civil service with 25 years. I am looking at combining my Military pay and Civil Service time when I retire. My question is will my X wife be entitled to 50% or any portion of my retirement if I combine my time? Or am I even able to look at this due to my divorce? I am also 10% service connected.
Submitted: 1 month ago.Category: Military Law
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Answered in 3 minutes by:
3/22/2018
Military Lawyer: Sean K, Lawyer replied 1 month ago
Sean K
Sean K, Lawyer
Category: Military Law
Satisfied Customers: 452
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

What you are wanting to do is possible; however, you want to make sure that all of the considerations are done in advance of making any changes so as to avoid an unintended result that takes time and money to correct.

A couple of questions first - in which state was your divorce decree/settlement agreement entered? Also, will or is your wife entitled under the divorce, to any of your civil service pension?

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Customer reply replied 1 month ago
We divorced in Oklahoma She is not entitled to any of my Civil Service Pension
Military Lawyer: Sean K, Lawyer replied 1 month ago

If she is entitled to 50% of your military pension (rather than a specific amount), then I would consider doing the following ( I will make up some numbers to show the math but you would of course use the number specific to you case)

1 - Take the total amount of your gross military monthly pension. Here I will assume $750 a month.

2 - Determine your ex wife's entitlement to this amount $750 / 2 = $375.

3 - Determine you total gross civil service monthly pension. Here I will assume $1100 a month.

4 - Add your gross military and gross civil service monthly amounts - $750 + $1100 = $1850

5 - Divide you ex wife's amount of your military pension by the total amount of the combined pensions $375 / $1850 = 20 percent

So if these were the numbers of your pensions, you wife would need to get 20% of your combined pensions to be where she was with half of your military retirement. (The actual percentage will be different with your actual pension numbers.) This keeps her at the same dollar amount without setting a dollar amount. It also allows, if she received in the divorce, cost of living adjustments to be done.

I would also consider having this drawn up and approved by the Court then sent to the either DFAS or the federal agency administering the civil service pension - which ever one it ends up being - so they can make sure the proper percentage is deducted. This will ensure that your ex wife is not overpaid and it will also ensure that there is no surprise to her causing her to attempt some legal action.

This is how I have seen it done in the past.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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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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