Posted on Jul 26, 2015
SSG Signal Support Systems Specialist
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I know in the Army when you get divorced the spouse gets partial of your retirement. I've been in for 15 years and not going to retire for another 5. So does she get that when I retire later?
Posted in these groups: Divorce Divorce
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Responses: 7
Maj William Gambrell
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To clarify other comments...you have to have been married for ten years before she can touch your retirement. Beyond that is up to state law.
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SGT Ray Grooms
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Edited >1 y ago
You need an attorney to advise you. There are a lot of factors that are unique to your situation. For instance, you plan to retire in 5, but what if you stay for 30? What if she remarries before you retire? You need to seek legal counsel before signing anything. Something that seems simple now can have a huge impact later.
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SSG Signal Support Systems Specialist
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Thanks on that, should I file first or does it matter?
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MSG Mechanic 2nd
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its up to state law now, but if its mutual as in my case, married 9 yrs, separareted 1 yr, she didnt want my retirement mil or civi, it all depends on the divorce, mutual or contested, i kept the house ,my retirement, no kids, sold 10 acres and she got 80%, the rest is mine, go thru mediation and work out the logistics, if its amicable, if this is bitter get lawyer and hold on, went thru 2 lawyers on my first divorce
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Divorce in the Military: How will this affect my retirement?
SSgt Alex Robinson
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I am not sure about this. It's usually decided by a judge in the divorce proceedings. A good lawyer can help you on this. Best wishes.
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Cpl Tou Lee Yang
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In California, if you've been married for more than 10 years, she will get half your pension. How do I know this? I went through the process where her lawyer requested that she gets half my retirement pay (if I should retire) from the military. Good thing I made sure I did not stay long enough for that to happen. I rather be poor than pay her to get f#$% and use my pension for her pleasure. I once knew an E7 who got out at 18 years in the military because as he put it,"I would be damned if the bitch get anything from me, as I would rather start over."
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SSG Signal Support Systems Specialist
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There has to more to it. So way around it. She's not going to wait for the money she would want it now
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Cpl Tou Lee Yang
Cpl Tou Lee Yang
>1 y
I'm confused by your comment. What do you mean she want it now? A pension is paid every month for the rest of your life. How can she want the entire money when you don't even have it?
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SFC Everett Oliver
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I was divorced after 8 years to my first wife. I looked into this, (30+ years ago) Had we been married longer than 10 years while I was on active duty she could have claimed half my retirement, As it came about she got $300 a month child support which ended when the sons turned 18....And just as I retired....Thankfully....
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SSG Signal Support Systems Specialist
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According to some of battles it goes of a percentage.
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MSG Mechanic 2nd
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its not retro though, yes its now a percetage, my 1st ex cant come after me now,
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SN Flex Officer
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Yes
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