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  1. #1
    germany101 is offline Junior Member
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    Apr 2007
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    what does he have to pay if we are seperated

    My husband (active duty) and I are separating. What does he have to pay me from his military pay until we get divorced? Is there a percentage from his base pay??
    Also does he have to give me the separation pay while he is deployed? He will not file until he gets back.
    The way I see it that he is only getting that extra money because he is still married to me on paper.
    My other question is we will be married 11 years by the time we get divorced. Do I have rights to his retirement?? I am the one that put him through school, worked 2 jobs for over 4 years and cleaned his clothes, paid the bills, cooked and pretty much took care of everything else too.
    Thanks for any advice.
    If somebody wants to know the reason for the separation: Last year I went through cancer treatment and he seeked other woman on the internet because I couldn't have sex. I have proof because I took pictures of the profile and his e-mails.
  2. #2
    Isis1 is offline Senior Member
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    Duplicate post.
  3. #3
    ERAUPIKE is offline Senior Member
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    Quote Originally Posted by germany101 View Post
    My husband (active duty) and I are separating. What does he have to pay me from his military pay until we get divorced? Is there a percentage from his base pay??
    Also does he have to give me the separation pay while he is deployed? He will not file until he gets back.
    The way I see it that he is only getting that extra money because he is still married to me on paper.
    My other question is we will be married 11 years by the time we get divorced. Do I have rights to his retirement?? I am the one that put him through school, worked 2 jobs for over 4 years and cleaned his clothes, paid the bills, cooked and pretty much took care of everything else too.
    Thanks for any advice.
    If somebody wants to know the reason for the separation: Last year I went through cancer treatment and he seeked other woman on the internet because I couldn't have sex. I have proof because I took pictures of the profile and his e-mails.
    A married couple is not legally separated until military separation papers have been filed and the court has acted on them. Therefore, it may not be possible for a military couple to become legally separated until after the military spouse returns from active duty if the military spouse chooses to delay the proceedings.

    Finances and child custody/support are the most important decisions that should be covered in the separation papers. It is unwise to rush to an agreement during this phase since changing the terms if the separation ends in divorce can be problematic.

    If you decide to file for divorce later, the court will often look to the agreements that you and your spouse had during your legal separation. If you are requesting additional child support than you received during your separation, for example, then you will likely need to justify the increase to the court.
  4. #4
    DRTDEVL is offline Member
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    Are you in Germany? In base housing?

    Guess what? All he has to give you is the housing until you are approved for ERD (Early Return of Dependents). He is not required to pay you a single cent more. If you are in the US, he only has to give you his BAH. If he has any other dependents out there it will become tricky. Say he had a child prior to your marriage and you have 2 kids together... Then you are entitled to 75% BAH. If you have one kid, 66%. None? 50%. Even worse, if he were to have physical custody of the kids and you left, you only get one share of the overall percentage (100% divided by the number of dependents, so if there are 4 dependents, you get 25%).

    No, you are not entitled to the separation pay, period.

    No, you can't even file until he gets back, check the SCRA.

    No, his base pay is his.


    *IF* your marriage and his service time overlaps by 10 years, then the only extra entitlement you have would be the ability for DFAS to garnish his retirement directly upon court order for up to 50% of the total benefit. There is no magic "I get half his retirement!" time.
  5. #5
    Peligroso is offline Member
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    Oct 2010
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    Under USFSPA, former spouses are eligible for full medical, commissary and exchange privileges where all of the following conditions apply:

    The spouses were married for at least 20 years
    The military member performed at least 20 years of service creditable for retired pay
    There was at least a 20 year overlap of the marriage and the military service
    If the spouse remarries, eligibility for benefits is terminated. The benefits are revived if the subsequent marriage is terminated.

    Army Regulation 608–99 will outline everything you need to know about this process.
  6. #6
    DRTDEVL is offline Member
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    But they've only been married for 11 years...
  7. #7
    Peligroso is offline Member
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    Quote Originally Posted by DRTDEVL View Post
    But they've only been married for 11 years...
    The regulation still applies.
  8. #8
    musicangel2124 is offline Junior Member
    Join Date
    Dec 2010
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    4

    seperation and divorce benefits

    You are only entitled to half of his BAH. However, since you guys were married for 11 yrs you are entitled to some sort of allimony and it doesnt look good on him since he commited adultery. Adultery is also punishable by law in the military so you can use that as you may. Although im not sure about this but i think you are only entitled to half his bah if you are seperated. Since you guys are not you may be able to get more. It would be tough. You would have to raise a fuss with legal, the family readiness officer and a victims advocate on base to get some answers on that one. and ive seen soldiers get a full divorce while they are overseas. Call military one source. They have answeres and numbers to get you the resources you need to educate yourself on every mov you need to make and they have counselors if you need to talk to one.

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