Will My Husband Ex Soldier Keep Getting Retirement Money After Divorce

Military man and partner are distressed.

Military divorce presents its own ready of unique challenges for service members. Ane of those challenges is when a service member begins receiving or will receive military disability. Military disability when earned during the matrimony is presumptively community property. However, because it volition be considered separate belongings upon divorce, it may have an issue on the ex-spouse'southward marital involvement in military retirement. Here are three of import concepts on military retirement:

1. Is military retirement accumulated during the union community property?

Aye, information technology is. The disposable income is what becomes divisible at the time of divorce. Any overlap period of military service and marriage becomes divisible at the time of divorce. A common misconception is that retired pay is only divisible as community property if the matrimony lasted more than than 10 years. This is incorrect, no matter how long the marriage lasted, both spouses are entitled to the retirement pay.

two. My non-war machine spouse and I were not married for ten years - she is not entitled to my military retirement.

See #1 above. As well, the 10 (x) year rule applies only every bit far every bit the ex-spouse securing retirement plan payments through the Defence Finance and Accounting Service (DFAS). If the spousal relationship between the ex-spouse and service member was less than ten years, so the portion of the retirement programme the ex-spouse is entitled to is that corporeality only. The service fellow member must determine how the ex-spouse will be paid, either past check or banking company transfer until the ex-spouse'southward community involvement is secured.

three. Is my ex-spouse entitled to my armed forces disability payments?

The curt answer is no. It tin likewise touch on what an ex-spouse will receive from the "normal" military retirement if the service fellow member receives inability. For case, if a service fellow member received $1,000.00 in military disability and his monthly military retirement is $1,000.00, the ex-spouse would be entitled to nada compensation. Unremarkably, a well-crafted agreement can be reached where some amount of retirement funds are paid to the ex-spouse.

If you are a current or former service member, or their spouse in Albuquerque or anywhere else in New Mexico looking to file for divorce, our experienced divorce attorneys can assist you lot during the process. An chaser like Anthony Spratley can be a huge asset to you during your divorce, due to his extensive knowledge and experience with family law and armed forces divorce. While many law firms merits to be experienced with armed forces divorce, few accept actual veterans representing yous. Having an attorney on your side who understands your state of affairs and knows how to become y'all the best event tin can exist a game-changer. Schedule an appointment to speak with an attorney by contacting us at (505)317- 4455 or chat with someone online today!

Source: https://www.genuslawgrp.com/blog/what-happens-to-my-military-retirement-and-disability-during-a-divorce-.cfm

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