US Military divorcing a German National in Germany

[Derrick BK]

My wife and I have been married for 5 years. She is a german national and we got married here in Germany. I want to file for divorce. We don't have kids, however we have a property together (bought a house). I know once we get married the property value has to be split, but my concern is if she is entitled to my retirement pension. I've heard that a couple needs to be married for 10+ years before anyone is entitled to any retirement benefits. She can actually have the house, I just don't want my retirement benefit messed with. Does anyone know what the rule is?

Thank you

 

[CSO286]

My wife and I have been married for 5 years. She is a german national and we got married here in Germany. I want to file for divorce. We don't have kids, however we have a property together (bought a house). I know once we get married the property value has to be split, but my concern is if she is entitled to my retirement pension. I've heard that a couple needs to be married for 10+ years before anyone is entitled to any retirement benefits. She can actually have the house, I just don't want my retirement benefit messed with. Does anyone know what the rule is?

Thank you

You are going to be subject to German law. Best to consult with an attorney where you are.

 

[Derrick BK]

You are going to be subject to German law. Best to consult with an attorney where you are.

I know that German law cannot split military entitlement, because they don't have the jurisdiction to do so. So in order for those entitlements to even be discussed it would have to be through the American legal system. I just need to know if 5 years of marriage grants someone eligibility to receive any of my retirement benefits? :-( Because again I heard you have to be married 10 years or more to get that entitlement.

 

[Ohiogal]

I know that German law cannot split military entitlement, because they don't have the jurisdiction to do so. So in order for those entitlements to even be discussed it would have to be through the American legal system. I just need to know if 5 years of marriage grants someone eligibility to receive any of my retirement benefits? :-( Because again I heard you have to be married 10 years or more to get that entitlement.

In the American legal system, she would be entitled to half the marital property and half the marital debt as a general principle. Which includes half of any retirement that accrued during the marriage. So yes, if you were divorcing in the US she would be entitled to receive a portion of your retirement benefits that have vested/exist. The 10 year mark is where she is paid directly. As a general rule of thumb in the United States. Though each state has their own little divisions.

 

[CJane]

She CAN be granted a portion of your retirement, absolutely. The "10 year rule" applies to an AUTOMATIC payment of benefits to the former spouse by the DOD (as opposed to you having to pay her yourself, or set up an allotment). After 10 years, a spouse is eligible to automatically receive a percentage of retirement benefits accrued to that point (if you promote post-marriage, she's not entitled to any of the benefit increase due to the promotion), and they are paid by the DOD directly to that former spouse.

 

[Carlos Ray]

My wife and I have been married for 5 years. She is a german national and we got married here in Germany. I want to file for divorce. We don't have kids, however we have a property together (bought a house). I know once we get married the property value has to be split, but my concern is if she is entitled to my retirement pension. I've heard that a couple needs to be married for 10+ years before anyone is entitled to any retirement benefits. She can actually have the house, I just don't want my retirement benefit messed with. Does anyone know what the rule is?

Thank you

Contact the [Free] Legal Assistance Office at the nearest military base they can properly advise you on the specifics of your personal situation and assist you with the applicable local laws. Your spouse is also entititled to this free legal assistance.

 

[Bali Hai]

My wife and I have been married for 5 years. She is a german national and we got married here in Germany. I want to file for divorce. We don't have kids, however we have a property together (bought a house). I know once we get married the property value has to be split, but my concern is if she is entitled to my retirement pension. I've heard that a couple needs to be married for 10+ years before anyone is entitled to any retirement benefits. She can actually have the house, I just don't want my retirement benefit messed with. Does anyone know what the rule is?

Thank you

Advice:

Too late for you, but get the answers to these questions BEFORE marriage and then look in the mirror and ask yourself, do i deserve the pain?