Military Law in Alabama concerning divorce/retiree pay

[Donna Watson]

What is the name of your state (Oklahoma)?

I have a question conerning Alabama military divorce laws.

I have a friend that was in the Army and retired after 21 years. Him and his wife married in Alabama but immediately he was sent to Germany. In the 13 years of marriage, they have never lived under the same roof as husband and wife. She stayed in Alabama and never relocated with him. He now lives in Oklahoma and is wanting to file for divorce. Will he need to hire an attorney in Alabama since that is where his wife resides, and if so, does military law require him to pay 50% of his retired pay even though they have never resided together.

 

[nextwife]

Did they ever live as husband and wife? If not, perhaps he should see if an annulment is do-able.

 

[Donna Watson]

No, they never lived as husband and wife and he was stationed all over the world and she never went to visit or vice versa. Thanks for the feedback. I just didn't know if after 13 years, if an annulment would apply.

 

[LdiJ]

No, they never lived as husband and wife and he was stationed all over the world and she never went to visit or vice versa. Thanks for the feedback. I just didn't know if after 13 years, if an annulment would apply.

I think that they have been married too long for an annulment to apply. So, you are basically saying that they never set eyes on each other the entire 13 years? They have no children? They have never resided in the same household ever?

 

[Donna Watson]

He was in Germany, came back to the states for 2 weeks to marry her, during that 2 week period she got pregnant, well he had to go back to Germany and she refused to move with him. As a result, they have a daughter that she would never let him see and because he always was relocating he never got to build a relationship with his daughter. They have not been intimate since that 2 week period when they got married 13 years ago, and have never lived in the same house together. It's not a normal situation, but I think that's why he isn't sure how to go about this.