Divorce in the Military: How will this affect my retirement?

2015-07-26T20:12:13-04:00

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?

Response by MAJ Ken Landgren made Jul 26 at 2015 8:30 PM

2015-07-26T20:30:14-04:00

I think it is 2.5% for every year for all the concurrent marriage/active duty time. Some states will not divide your retirement because you are not at 20, therefore, not fully vested. You need your own lawyer! Times will get tough, you need to watch your mental frame of mind. I will be your battle buddy if you need one.

Response by SN Private RallyPoint Member made Jul 26 at 2015 8:43 PM

2015-07-26T20:43:31-04:00

Yes

Response by SFC Everett Oliver made Jul 26 at 2015 9:07 PM

2015-07-26T21:07:40-04:00

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....

Response by SSgt Alex Robinson made Jul 26 at 2015 9:37 PM

2015-07-26T21:37:31-04:00

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.

Response by SGT Ray Grooms made Jul 26 at 2015 9:51 PM

2015-07-26T21:51:11-04:00

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.

Response by Cpl Tou Lee Yang made Jul 26 at 2015 10:52 PM

2015-07-26T22:52:44-04:00

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."

Response by Maj William Gambrell made Jul 26 at 2015 11:50 PM

2015-07-26T23:50:06-04:00

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.

Response by MSG Private RallyPoint Member made May 7 at 2016 12:21 PM

2016-05-07T12:21:10-04:00

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