Am I entitled to my spouse’s Military Pension after 32 years of marriage in a divorce?
I have been married for 32 years but have been separated for many years, He’s
finally asking for a divorce but neglected to include his military pension as his
assets? I thought that after 10 years if you were with your spouse from day 1
of his enlistment you were eligible for 1/2. Also, does it matter that we live in
different states, should I be filing my own paperwork here in my state too?
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How's it feel to be a golddigger?
T here is no Federal law that automatically entitles a former spouse to a portion of a member’s military retired pay. A former spouse must have been awarded a portion of a member’s military retired pay in a State court order. The Uniformed ServicesFormer Spouses’ Protection Act (USFSPA), Title 10, United States Code, Section 1408, passed in 1981, accomplishestwo things. First, itauthorizes(but doesnot require)State courts to divide military retired pay as a marital asset or as community property in a divorce proceeding. Second, it provides a mechanism for a former spouse to enforce a retired pay as property award by direct payments from the member’s retired pay. Retired pay as property payments are prospective only. Retired pay arrears cannot be collected under the USFSPA.
You need to get a lawyer. A lot depends upon when the divorce occurs, while he is in the service, when he got out, while he was retired, etc. It also depends upon if you are talking about "Retired Pay" from the service or a "Disability Pension" from the VA. Get a lawyer.
You are entitled to whatever the civilian judge says you're entitled to! There is nothing that says you are entitled to any of his retirement pay, unless you are divorcing in a community property state!
Let me ask you this...why do you think you're entitled to any of his retirement pay?
That is a Civil Matter now that he is Retired...
If you were Legally Separated...he owes you Nothing from his Pension...
Since you left Him it is called abandonment...
you warrant nothing...
not it is not automatically yours. many criteria have to be met and even then it is NOT a guarantee or entitlement.
and if you have been separated for all or most of his military service.. you can forget about claiming any of it.
All your questions explained here by the source:
http://www.dfas.mil/garnishment/usfspa/faqs.html
why do you want his pension... were you in the military? its his...
how long were you separated?
Mrs B itch, hope you make more than him.......................................