Posted on Jun 6, 2016
SFC J Fullerton
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Does the military automatically grant a percentage of retirement pay to the ex-spouse, or is that strictly a decision of the court in the divorce decree?
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Responses: 93
SSgt James Assad
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It depends how long you were married while in service. If she was there for the majority of it (not sure the exact figure) then unfortunately yes, but if it was a couple years, then no.
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PO1 President
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Has to be decided by a judge. Make sure you have a great lawyer that will fight for your best interests.
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PO1 Tom Walker
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if you were married for at least half of his military carreer, you are entitled to half of his retirement
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Col Craig Berg
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No. Your ex must produce a judge's order to obtain access to any if your reretirement pay. What she is entitled to, if anything, is dependent upon the state the divorce is filed. DFAS has a department that handles these situations.
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Col Craig Berg
Col Craig Berg
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I probably should have read the lawyer's post first.
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SCPO Larry Poffenbarger
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We had an agreement with both attorneys concerning pension distribution and spousal support but the judge overruled that agreement and set what he thought was fair. What he thought was equitable was a lot different than what we had agreed on. He included spousal support until she was eligible for Social Security. Cost me a lot over the past twenty years. I think judges have too much power to over ride agreements between the parties involved.
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SFC Mlrs Section Chief
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For my divorce which took just under two years to complete as she went back to Korea, I will owe her a portion of my retirement based the rank that I am now ( Staff Sergeant). This was in Texas but different states vary I know.
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PO2 Mike Vignapiano
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Automatically? No. Only if you've been married 10 years or longer and the spouse petitions for it. FYI: same for any federal pension and social security benefits.
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CPO John Hopkins
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one thing to consider is that if you do NOT have any type of agreement regarding Military pay and allowances, is that a spouse or ex-spouse can receive one-half until such time as an legal agreement is put in place.
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MSgt Franklin Overdear
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No that's a decision for the courts.
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MSgt Franklin Overdear
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No, that's a decision of the Judge.
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