Retirement Money

[Eyvonne Andrus]

What is the name of your state? TX

My question is my husband and I are getting a divorce and he has been in the army for 14 years and we have been married for eleven years. I'm entitled to half of his retirement. So do I have to wait to get the money once he has retired or can I start getting it now once the divorce is final?

[BethM]

You aren't entitled to any of his retirement. There is no written law that mandates you get a portion of his retirement. Whether or not you get a portion of his retirement is up to the judge who hears the case. You definitely won't ever get 50% of his retirement. Your best bet is to look up the law pertaining to military retirement and how it is treated as property and start learning. You can start here...[url]http://www.militarydivorceonline.com/usfspa_faq.html[/url].

There is a formula used that is based on length of marriage and how much time the marriage overlaps time in service. You will probably get around 28% of his retirement and only once he has retired.

One thing to do think about that you may not have. Survivor Benefits. Being married to him for over 10 years qualifies you to remain as a beneficiary when it comes to Survivor Benefits. If you don't have an attorney who is very versed in military retirement and all aspects of military divorce it would be worth the effot to retain one. Based on your post you have a whole lot to learn about the process, better start protecting yourself.

[Eyvonne Andrus]

Excuse me you don't know what your talking about. I was in the military myself for six years and I know most of the regulations. Since we have been married for over ten years I am entitled to half his retirement, which is already in my divorce settlement. Also I am still his beneficiary for his life insurance. So what are you talking about? You need to read up on the military, because I have been on both sides as the soldier and the wife. I'm getting the retirement money I just was curious if it started soon as the divorce was final?

[BethM]

sweetheart, no one knows it better than me. I was married to a military officer for 17 years. When we divorced I thought I knew all there was to know and arrogantly walked away from my divorce thinking I had done all I needed to do to protect myself. I was wrong. I have been fighting the issue of military retirement for nearly 5 years with my ex husband. Don't tell me I don't know what I'm talking about. I didn't know before but I do now and if you are smart you will take advantage of learning from my experience.

If you are in the process of "getting" a divorce then you don't have anything in your divorce papers yet because your divorce is not final. If you are not very careful about the wording of your divorce decree....check out the DFAS website regarding proper wording of the retirement issue...then you won't get a damned penny of his retirement.

I don't care how long you were in the military or how much you think you know about it. For one thing the The Uniformed Services Former Spouse's Protection Act is not a military regulation. It is a federal law that is regulated by the military in no way. The military has nothing to do with it. It is delt as property and the division is made by a civil court.

You trot on down to the JAG office and talk to them about it. You might find you don't know 1/4 of what you arrogantly think you know.

I will tell you this, you hold on to that know it all attitude of yours and you will either end up with nothing or end up where I am...fighting like hell to get something that is rightfully yours because you failed to arm yourself with knowledge of the law.

If you knew as much as you think you knew there is no way you would hve asked..."does it start as soon as we divorce." It's retirement, it starts when he retires and if you keep marching forth with your attitude and ignorance you will find yourself with nothing. Go read the damned law and next someone with a little more experience and intelligence tries to help you show a little humility cause honey, 6 years in the military and life on the other side doesn't make you an expert.

As for his Survivor Benefits...that thing you call insurance. You are so darned smart and know all the "regulations" it seems you would at least be able to use the proper title. You might still be the beneficiary but once he has a signed divorce decree he will have all he needs to remove you as the beneficiary. Unless of course you are smart enough to have it put in the final decree that you remain the beneficiary.

So, you have two choices. Pull your head out of your butt and do some research to protect yourself or continue to walk around thinking you know all there is to know about this particular federal law.

[Eyvonne Andrus]

Excuse me, but who are you call arrogant Ms. CAPITAL ARROGANT with an attitude on her back. I'm so sorry you got a raw deal, but honey I ain't no fool. If I felt like I knew it all then I guess wouldn't have been here in the first place asking questions. And who cares about some damn life insurance and if I worded it correctly. Honey get a life and get the chip off your shoulder. Life is short and so are your WORDS!!!!!

[LdiJ]

Originally Posted by Eyvonne Andrus

Excuse me, but who are you call arrogant Ms. CAPITAL ARROGANT with an attitude on her back. I'm so sorry you got a raw deal, but honey I ain't no fool. If I felt like I knew it all then I guess wouldn't have been here in the first place asking questions. And who cares about some damn life insurance and if I worded it correctly. Honey get a life and get the chip off your shoulder. Life is short and so are your WORDS!!!!!

I sincerely recommend that you try to find some other site to give you advice. The odds of any other poster here trying to help you after the way you responded to the one who did is pretty darned slim.

[Eyvonne Andrus]

Ok you have a senior member calling me arrogant and to get my head out of my but, and I'm the one who needs to look somewhere for advice. PLEASE!!!!

[LdiJ]

Originally Posted by Eyvonne Andrus

Ok you have a senior member calling me arrogant and to get my head out of my but, and I'm the one who needs to look somewhere for advice. PLEASE!!!!

Hon...go somewhere else....or better yet, go back and read this entire thread and pretend that you are a stranger who knows nothing about the situation...and objectively think how you would react.

You posted....you were told that your info wasn't accurate...you responded incredibly rudely and got the reaction that you should have expected to receive. If you come to a board for advice you should expect to get REAL advice....not just want you want to hear.

Hopefully if you go someplace else and get the same ACCURATE info that you got in the first response you got here....you will be smart enough to listen instead of harassing the person who tried to advise you.

I won't be responding to you again....so don't bother.....I sincerely doubt that anyone else will respond either.

[Eyvonne Andrus]

No "Hon" you need to go back and read the posts. I didn't start with the name calling your senior member did. All I said was that you she didn't what she was talking about, and she came back with all the "ARROGANT CRAP". So who cares if you don't answer back I want loose any sleep over it. Because I know you will be checking back in just to see what I wrote. PEACE!!!!!

[IrishLady47]

OP-you did receive very good advice from Beth M. I am a Military Retirement Services Officer and have worked in military personnel for 29 years.

Do a search on the Uniformed Services Former Spouse Protection Act. There is NO entitlement to military retired pay no matter how many years you've been married. Many soldiers and their spouses hear about the "10 year" rule, but explore it no further. If you've been married to an active duty military member for at least 10 years while the member served on active duty AND you are awarded a portion of the retired pay as a property settlement in divorce, you (the former spouse) may send in the court order with a DD Fm 2293 to receive direct pay. That's all. And, no matter what the court awards, DFAS will never send more than 50% of "disposable" retired pay unless child support or alimony is also involved. Somehow, this gets twisted into 10 years of marriage gets you 50% of retired pay.

So you were in six years and know most of the regulations? I know O6s who've been in for 30 years who aren't arrogant enough to make that claim. You are not only ignorant but rude. Actually, please keep the attitude you have, you'll get exactly what you deserve.