Can a Judge increase the allowed military pension for spouse if adultery is proven?

reside in nc - spouse receives military pension and second income, which puts spouse approx 80g's more in income than me. I am professionally trained with degree, but don't make that kind of money. have discovered spouse is/was having an affair. evidence was gained by a pi. I have painstakingly decided to move toward closure. can a Judge decide to increase the military pension percentage i am eligible for since spouse was involved in an adulterous relationship? If so, does this happen often? secondly, what about alimony on top of the military pension, since there is a significant disparity between incomes? yes, we have children, but only 2 reside in the home and one will be gone soon. the children will remain living with me. any advice/comments would be greatly appreciated.

[Edited by bam on 05-23-2001 at 10:44 PM]

[ShyCat]

No. Your share of his retirement pension is based on length of marriage within years of military service per a formula set by Congress. It is not based on hurt feelings or vindictiveness or presumed righteousness. There are loads of adulterous ex-spouses getting their share, fair or not.

thank you for your reply. what would you say to the alimony, since there is a significant disparity between incomes and spouse was the one engaged in an adulterous relationship...? (perhaps it would make a difference if i stated we have been married 20+ years.)

[Edited by bam on 06-16-2001 at 09:39 AM]

It's incorrect to assume much on military pensions. Judges
have tremendous discretion in most juristictions and you
should check with a lawyer on local law and procedures. Actually, Congress really only said military pensions are property but many people have come up with all kinds of ideas (a common one is that you have to be married at least 10 years to get anything). Again, NO hard and fast rules really exist on this. Also, adultery today is not as big a consideration I think though, however, states all vary. NC I think is still a state where it could be a sig. factor. Depending on length of marriage, yes you could get alimony, perhaps even permanent alimony. Again, you should see a lawyer, if you cannot afford legal costs, ask the lawyer to incorporate into your settlement that your spouse pays legal fees.