Hey everyone, I’ve been married to a retired army vet for 6 years and we’re getting divorced because of adultery. We’re working out asset division, and he gets a military pension every month. I was wondering if I’m entitled to half of it after SBP is deducted and whether there’s a time frame, like 3 years for example, or would it be ongoing? Any help would be appreciated!
I’m not a lawyer, but I think you’re entitled to a portion of the pension, at least the part during your marriage. I’d recommend getting a lawyer for this though to be sure.
Ellis said:
I’m not a lawyer, but I think you’re entitled to a portion of the pension, at least the part during your marriage. I’d recommend getting a lawyer for this though to be sure.
Same here, my friend had a similar situation. Definitely a good idea to get legal advice.
Check out the federal law regarding military pensions. They divide the disposable retired income, which is what he gets after SBP and VA deductions. If the marriage overlapped his service, you may get up to half. Here’s the formula they use to calculate the percentage. You might want to have a lawyer help you with the court order if your marriage was longer than 10 years!
@Briar
Oh wow, didn’t know there’s a formula for it. Can you break that down a bit? Does it change depending on how long he served?
Rory said:
@Briar
Oh wow, didn’t know there’s a formula for it. Can you break that down a bit? Does it change depending on how long he served?
Yeah, the formula takes into account how long your marriage overlapped his service. For example, if he served for 20 years and you were married for 20 years during that time, you could get up to 50%. If it was less, like 6 years of overlap, you’d get 15% or whatever the math works out to.
I think you won’t be entitled to his pension if your marriage didn’t overlap his military service. My friend was in a similar situation, and they told her she wasn’t eligible for that part.
Lior said:
I think you won’t be entitled to his pension if your marriage didn’t overlap his military service. My friend was in a similar situation, and they told her she wasn’t eligible for that part.
That’s what I was worried about… we didn’t get married until after he was discharged. Looks like I’m not entitled to it then, huh?
Lior said:
I think you won’t be entitled to his pension if your marriage didn’t overlap his military service. My friend was in a similar situation, and they told her she wasn’t eligible for that part.
Yep, that’s correct. It’s pretty clear in the law that only the portion earned during the marriage is split. Since you weren’t married during his service, you’re not entitled to it.
I think getting a divorce lawyer is a good move. If you need any more info or have specific questions, I’d recommend reaching out to a pro who specializes in military law.
MikeRoss said:
I think getting a divorce lawyer is a good move. If you need any more info or have specific questions, I’d recommend reaching out to a pro who specializes in military law.
Thanks for the advice! Yeah, I’m definitely going to talk to one for the final details. It’s just a lot to navigate right now.
It’s great that you and your soon-to-be ex are working together. Hope you can come to an agreement without too many legal battles. Wishing you the best!
Tarian said:
It’s great that you and your soon-to-be ex are working together. Hope you can come to an agreement without too many legal battles. Wishing you the best!
Thanks! We’re trying to keep things civil. It’s definitely been challenging, but I’m hoping we can wrap it up without too much stress.