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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PO2 Logistics Specialist
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No. The spouse must request in writing to the Office of Personnel Management. Get all the requirements on the same office. It shall be preceded by a court order.
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CW3 Steven Prestridge
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How many years do you have? I had a good friend, E7 with four kids. He was deployed, and his bank account was empty, and his wife was gone when he returned. She's found a new man. They had been married for 15 years. The judge ruled that since it was over 10, she would receive 50%. He had about 17 years in at that point. He decided to ETS instead of retire. She was furious, but since there is no retirement fund, it is instead Retired Ready Reserve, there was nothing she could do.
Fast forward 4 years. He enlisted in a NG unit in California. His kids were either with him, or in college. He went into the Active Guard, then retired. She took him back to court, but the judge ruled he was receiving a state retirement, and not a federal military retirement, which was in the divorce decree.
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CPO Howard Alexander
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Remember when they used to say that your wife and kids do not come in your "Sea Bag?" Well in Virginia they do, my ex got almost 1/2 of my retirement even though she is a pharmacist. I do not get squat from her, but she gets $650 from me a month. I think equal rights for women is a bunch of BS. It would be one thing if she supported me while I was in the Navy, but she was just a leech, a sucker, somebody who was just along for the ride. My only consultation is that she doesn't get all the other benefits (medical, dental, exchange, base privileges). Looks like the state I live in believes my ex is so incapable of taking care of herself that she deserve part of my retirement. Thank God I am rid of her.
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SSgt Tim Ricci
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In my case not automatically, it had to be part of the decree
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SFC Ron Peck
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If you were married for 10 years or more, the ex-spouse can get half your retirement pay. The state may have something to say about it also.
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Sgt Kevin Wayne
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Anything that is yours cannot be given to anyone else without the over-reaching influence of a government agency.
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TSgt Dan Kenna
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Any person who takes any portion of someones retirement is a worthless piece of shit, regardless of the time served and years married. My ex-wife tried. That bitch wasn't getting a dime...other than child support which I have no problem paying.
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TSgt Dan Kenna
TSgt Dan Kenna
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MAJ (Verify To See) - My personal opinion needs not be fair across the board. Divorce brings out the worst in people, so I see it as a way to screw someone over.
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TSgt Dan Kenna
TSgt Dan Kenna
8 y
MAJ (Verify To See) - You are lucky! I stayed as civil as I could during mine, but she was out for blood. Thank goodness that succubus found another poor bastard (who happens to be AD...go figure) to leech onto
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SFC(P) Recruiting and Retention NCO (ANG)
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I can tell you what they told me when I filed for divorce at nine years 11 months. Period. After 10 FAS but if you file before you reach 10 FAS dad should leave u alone but I'm not a lawyer.
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SFC(P) Recruiting and Retention NCO (ANG)
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Sorry that made no sense (I was using voice to text end it obviously didn't like my accent).
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SFC(P) Recruiting and Retention NCO (ANG)
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I was told that after you serve 10 years of federal active service that yes your former spouse is entitled to a portion of your retirement. I would talk to legal first as there can be a lot of variables in different situations in three individual case.
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PO1 Kent Talmadge
PO1 Kent Talmadge
8 y
They told you wrong SFC. Check my post for the ugly details.
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CSM Darieus ZaGara
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Each Sate has rules. More often than not if you are married for 10 or more years they are going to get half.
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MSgt John Butcher
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Depending on how long they were married will determine the percentage of pay.
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