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Prenup

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screwedpooch

Junior Member
What is the name of your state? Any Community Property State

Just curious fellow posters.....If a man in the military, low rank but planning on doing 20yrs, were to plan on getting married and have a pre nup drawn that stated his retirement would be his 100%, if the couple divorced...would that uphold in a comm. prop. State court? :rolleyes:

I know a lot of people are under the misconception that, you are automatically entitled to a portion of the other spouses (military) retirement if you were together 10 years or more. (The "mythical" 10yr mark) Fact is you could get it after 1yr if the judge wanted (highly unlikely but possible by law).

The 10 year (with military) mark, allows the former spouse to have the amount, IF awarded by the court, to be direct $$ deposited into their checking by DFAS. That’s it! If married less than 10yrs you have to collect from the retired spouse directly, DFAS will not have anything to do with it.

DFAS leaves the division of retirement in the hands of the state you are in since is considered "property", so it really comes down to the judge. There is no law saying the judge must divide it or give a set portion. DFAS gives a few different formulas for the judges to use as guidelines....but they are only that, and not military law.

:cool: So I am wondering if these military people had prenups done stating their retirement is solely theirs OR even set a smaller % for a time frame, 5yrs or whatever they choose(instead of as long as the retired spouse lives the former spouse gets it,......hell we don’t get that for 401k and such!) :eek: would this hold in court??

Thanks! :D
What is the name of your state?
 


Ohiogal

Queen Bee
Are you thinking of writing the pre-nup yourself? If so, don't. Get an attorney for this. And I am a bit confused what you mean that other retirement plans are not paid out until the retired spouse dies -- you make it sound like payments from a 401k are only paid for a few years and that is it. That is an improper assumption.
 

LdiJ

Senior Member
Ohiogal said:
Are you thinking of writing the pre-nup yourself? If so, don't. Get an attorney for this. And I am a bit confused what you mean that other retirement plans are not paid out until the retired spouse dies -- you make it sound like payments from a 401k are only paid for a few years and that is it. That is an improper assumption.
I agree that any prenup should be done by an attorney. However, generally prenups do hold up in court if properly done.
 

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