How many years do you have to be married to get part of husbands military retirement and for how long would you get it? 11 Answers as of September 03, 2012He had an affair and had a child. She is coming in and seems to be entitled to almost $830 a month. When I go for child support, will I get less now? Twenty five per cent of his wage is going to her.
John E. Kirchner, Attorney at Law | John Kirchner
The length of marriage does not determine entitlement to a property share of the marital portion of military retired pay; it is only relevant to defining how much of the total retired pay is considered marital property subject to division. Typically, that marital portion is determined by dividing the total time of marriage while the servicemember was on active duty by the total time of active duty used to determine retired pay. In Colorado, your husband's obligation for child support of another child will be based on his and the mother's income. His income will be reduced by the amount of retired pay that is awarded to you.
Answer Applies to: Colorado
Attorney At Law | Harry D. Roth
The child support question is easy. Yes, other children, legitimate or not, will reduce the amount of income available to your children with the same man. It is not about fault. It is about the equitable division among the man's children of resources available. The military retirement issue is more complex. Any period of marriage during with your husband accumulated points toward his military retirement means that you own a piece of "his" retirement. This is a property right, not an equitable issue of providing support for children, or you for that matter. It is your property. So, let's same that he served one year of a 20 year career while married to you. 1/20th of the retirement is community property and 1/2 of the community property is yours, so your share would be 1/40th, or 2.5%. That's the easy part.? It's just doing the arithmetic. The hard part is the special rule for enforcement. In order to get DFAS (the part of the Pentagon that hands out money, including pensions) to pay your directly, you must have been married to the service member for at least 10 years during which he accumulated 10 years of service credits.? It is called the 10/10/10 rule and it has a few subtleties. It is more complicated if it is a reserve retirement. If DFAS will not pay you directly, the pension can be divided in one of two ways: the service member spouse can be required to pay you your appropriate percentage pension every month for the rest of his life; or you can receive an equivalent amount of other marital property so that you each receive equal value if not exactly the same stuff.
Answer Applies to: California
Musilli Brennan Associates PLLC | John F Brennan
You need to disclose the entirety of the circumstances to an attorney for reliable advice. Most probably you will be entitled to part of his pension. And, you are correct, if he is required to pay support for the additional child there will be less available for you and the other children. Good luck.
Answer Applies to: Michigan
Beaulier Law Office | Maury Beaulier
In military divorce, the Uniform Services Former Spouse's Protection Act (USFSPA) recognizes the right of state courts to distribute military retired pay to a spouse or ex ? spouse and provides a method of enforcing these orders through the Department of Defense. Retired Pay may be divided regardless of the number of year married. However, the amount that is divided depends on the proportionate share of the Military Retired Pay earned during the marriage. The shorter the marriage, or the shorter the amount of time in the military during the marriage, the less it will be.
Answer Applies to: Minnesota