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  #1  
Old 09-09-2008, 03:49 PM
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Military Retirement, Spousal Support


What is the name of your state (only U.S. law)? WA
This may end up being a naive question... but here goes. My husband is retired navy, shortly after his retirement he was divorced from his first wife - married most of his 20 year service. Since that time she has been married two more times, and is currently married to husband #3. Is she STILL eligible for 1/2 his military retirment (her half is before taxes, so is even higher than his)? At this point they have been divorced nearly as long as they were married - will she get it until one of them dies? Is there something that can be done?
My husband will turn 60 this year, and his body is in need of retirement - but with 1/2 of his pension going out of the household each month we can't afford it.
Thanks in advance.What is the name of your state (only U.S. law)?
  #2  
Old 09-09-2008, 04:53 PM
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Quote:
. Since that time she has been married two more times, and is currently married to husband #3. Is she STILL eligible for 1/2 his military retirment (her half is before taxes, so is even higher than his)?
Her subsequent marriages are irrelevent. Retirement pensions are split as part of the property settlement; it is not alimony or spousal support.

Quote:
At this point they have been divorced nearly as long as they were married - will she get it until one of them dies?
Yep.

Quote:
Is there something that can be done?
Nope.
  #3  
Old 09-09-2008, 07:02 PM
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Join Date: May 2004
Posts: 41,453
Quote:
Originally Posted by Dragonfly60 View Post
What is the name of your state (only U.S. law)? WA
This may end up being a naive question... but here goes. My husband is retired navy, shortly after his retirement he was divorced from his first wife - married most of his 20 year service. Since that time she has been married two more times, and is currently married to husband #3. Is she STILL eligible for 1/2 his military retirment (her half is before taxes, so is even higher than his)? At this point they have been divorced nearly as long as they were married - will she get it until one of them dies? Is there something that can be done?
My husband will turn 60 this year, and his body is in need of retirement - but with 1/2 of his pension going out of the household each month we can't afford it.
Thanks in advance.What is the name of your state (only U.S. law)?
I agree with the other response, but I have a question.

Is he paying her directly? I ask this because since they were married more than 10 years, it should be being paid to her directly from DFAS, therefore making her totally responsible for the taxes on her half. Therefore her half should NOT be higher than his.

If he is not paying her directly, and she is being paid by DFAS, then she is also paying taxes on her half, therefore her tax is not higher than his.

Again, its not alimony or spousal support, its a property settlement and she is entitled to it for as long as it exists.
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