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Military Divorce Issues

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mwalker

Junior Member
What is the name of your state? Florida

Spouse has been military for almost 37 years (4 years active/the rest Reserve). Military retirement pay is based on the "Points" system where each point equals a certain monetary amount and most of the "points" are accumulated while on Active Duty. We have been married 34 years. Originally my spouse calculated the percentages in the marital settlement to be 45/55%, based on his projected retirement at age 60. I agreed early on in the divorce process to this percentage.

He now says he figured wrongly and that my share of the military retirement should be calculated based on "points" accumulated during the years we were married (we were married in the last year of his Active Duty, and he will probably have approximately 4 years after the divorce until retirement where he can accumulate more points). In this scenario, my share is no longer a percentage, but would be 1/2 of his points accumulated from the time we were married up until we filed for divorce. This would reduce my share significantly--by over 10%. So, it just seems that there's more than one way to figure the issue.

I guess what I'm asking is whether the extra expense of going to trial is worth the odds of the Court ruling in favor of my share of the retirement being figured based on "the years we were married" vs. "the Points" system method". :confused:
 



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