Trying to clarify meaning in Divorce Decree

[marsharoni]

The decree in question is my husband's from his previous marriage which is from the state of Idaho. The sentence in question that we are trying to decipher says:

"Husband is in the military and Wife is entitled to receive fifty percent (50%) of any of Husband's military retirement benefits as of the date of execution of the Decree of Divorce."

The part we are confused on is highlighted in bold. As of the date of execution he was not eligible for any retirement benefits. Does that mean she gets 50% of nothing? Or does the sentence mean as of the date and beyond the date? As in any eligibility beyond the date of execution?

We've contacted a lawyer and are awaiting to speak to him about the rest of our case, but in the meantime I was wondering if anyone had any knowledge on this kind of thing.

Thanks for any help!What is the name of your state (only U.S. law)?

 

[Isis1]

i could be wrong, but my belief was always the entitlement doesn't start until the retirement actually starts to pay out. as of the divorce date, it is decreed she will be due the money. when the hubby starts receiving those payments. when he retires.

 

[Nikki Green]

The decree in question is my husband's from his previous marriage which is from the state of Idaho. The sentence in question that we are trying to decipher says:

"Husband is in the military and Wife is entitled to receive fifty percent (50%) of any of Husband's military retirement benefits as of the date of execution of the Decree of Divorce."

The part we are confused on is highlighted in bold. As of the date of execution he was not eligible for any retirement benefits. Does that mean she gets 50% of nothing?

Date of execution is the date the Decree of Divorce is in effect. If he is not eligible for any retirement benefits, then she gets 50% of nothing.

 

[marsharoni]

Thanks for your replies! That was pretty speedy

It's confusing for us because the situation was explained to him as such that she is to receive benefits up to the point of their divorce. Any promotions that he gets (which ups his retirement amount) she has no entitlement to because they were not married during those times. So at the time of his divorce he was not eligible for any kind of retirement. Unless she gets retirement from the pay grade he was at the time of the divorce which will be significantly less since he will have had a few promotions since then. Does that make sense?

 

[Isis1]

Thanks for your replies! That was pretty speedy

It's confusing for us because the situation was explained to him as such that she is to receive benefits up to the point of their divorce. Any promotions that he gets (which ups his retirement amount) she has no entitlement to because they were not married during those times. So at the time of his divorce he was not eligible for any kind of retirement. Unless she gets retirement from the pay grade he was at the time of the divorce which will be significantly less since he will have had a few promotions since then. Does that make sense?

okay, then my question is, how long were they married?

that might impact the legal answer.

 

[marsharoni]

They were married for 14 years. He doesn't plan on retiring until he hits 30 years in the service. However, if he really wanted to he could retire right now since he is at the 23 year mark. They were together 14 years out of the 18 he was in up until the divorce. I don't know if that helps get a clearer picture.

So technically she would have been with him for nearly half of his military career if he chooses to stay the entire 30. The only question we're wondering is how much should she receive. Half of what he would have made at the time of divorce? Or the full amount he makes now with a few promotions and pay raises under his belt when they were no longer together?

I know only a judge can determine that, and we'll need to speak to a lawyer to get real answers, but we're just curious since retirement is coming up in a few years and we'd like to get all of the affairs in order for when the time comes.

****Edit****
I just wanted to add that I've read where people don't like answering 3rd party questions, and I can understand that. My husband and I were just cleaning up our office and discussing the matter with each other when I decided we could post the question here. He was sitting right next to me as I typed and asked him to read over and add any information that he found important. Since I already had an account we just decided to ask jointly under mine. I hope no one is offended or upset. Thanks again.

 

[Ohiogal]

They were married for 14 years. He doesn't plan on retiring until he hits 30 years in the service. However, if he really wanted to he could retire right now since he is at the 23 year mark. They were together 14 years out of the 18 he was in up until the divorce. I don't know if that helps get a clearer picture.

So technically she would have been with him for nearly half of his military career if he chooses to stay the entire 30. The only question we're wondering is how much should she receive. Half of what he would have made at the time of divorce? Or the full amount he makes now with a few promotions and pay raises under his belt when they were no longer together?

I know only a judge can determine that, and we'll need to speak to a lawyer to get real answers, but we're just curious since retirement is coming up in a few years and we'd like to get all of the affairs in order for when the time comes.

****Edit****
I just wanted to add that I've read where people don't like answering 3rd party questions, and I can understand that. My husband and I were just cleaning up our office and discussing the matter with each other when I decided we could post the question here. He was sitting right next to me as I typed and asked him to read over and add any information that he found important. Since I already had an account we just decided to ask jointly under mine. I hope no one is offended or upset. Thanks again.

She would be entitled to 1/2 of 14/30 of his pension. Because she was married to him for 14 years of his 30 years of service. So I disagree with the other responders up to this point. I haven't read any after this post.

 

[Isis1]

She would be entitled to 1/2 of 14/30 of his pension. Because she was married to him for 14 years of his 30 years of service. So I disagree with the other responders up to this point. I haven't read any after this post.

now that makes sense! thank you so much for taking a moment from your muffins to answer

 

[marsharoni]

It does make sense! It shouldn't be as confusing as it is to us here. The only reason we're making it confusing is because the Army payscale changes for every year of service you are in, and it changes for every rank he is. So depending on how many years he's in, and what rank he is, his retirement amount will be calculated as such. So.. if he was a Captain when they divorced, and he retires as a Lt. Col. (2 ranks up) would she get half of 14/30 of his Lt. Col. retirement, or half of 14/30 of his pay if he had retired as a Captain since that was his rank of service at the time of divorce? Maybe we're just over analyzing it wayyyy too much here.

I don't expect you guys to know all the answers though. These are just the questions running through our minds as we wait for a callback. I really appreciate you taking the time out to answer though, and it's giving us more ideas to ponder! The only way to find out for sure I guess is to wait for the lawyer to get back to us. It feels like an eternity though when the question is bugging you.

Either way it has to go back to court to get the actual dollar amount specified (I think it's Army regulations to have the dollar amount specified rather than just a percentage).

 

[Ohiogal]

It does make sense! It shouldn't be as confusing as it is to us here. The only reason we're making it confusing is because the Army payscale changes for every year of service you are in, and it changes for every rank he is. So depending on how many years he's in, and what rank he is, his retirement amount will be calculated as such. So.. if he was a Captain when they divorced, and he retires as a Lt. Col. (2 ranks up) would she get half of 14/30 of his Lt. Col. retirement, or half of 14/30 of his pay if he had retired as a Captain since that was his rank of service at the time of divorce? Maybe we're just over analyzing it wayyyy too much here.

I don't expect you guys to know all the answers though. These are just the questions running through our minds as we wait for a callback. I really appreciate you taking the time out to answer though, and it's giving us more ideas to ponder! The only way to find out for sure I guess is to wait for the lawyer to get back to us. It feels like an eternity though when the question is bugging you.

Either way it has to go back to court to get the actual dollar amount specified (I think it's Army regulations to have the dollar amount specified rather than just a percentage).

Quite frankly, the military will figure it out.

 

[Tex78704]

...Either way it has to go back to court to get the actual dollar amount specified (I think it's Army regulations to have the dollar amount specified rather than just a percentage).

These are incorrect assumptions.

The divorce decree was finalized using a "percentage formula". The plain letter of this order is pretty straightforward with very little confusing about it.

But the decree is now a done deal, and it is highly unlikely it will be modified without the ex's consent, and she would be a fool to agree to do so.

...for an un-matured pension the percentage formula is probably the least acceptable option for Service-members . This is because you don't know the exact date of retirement. For example, let's assume you used the marital coverture fraction to award a percentage, such as 15 years of marriage over 20 years of service (or 15/20 = 75.00% marital or 37.5% awarded to Former Spouse), and the Member decides to stay in the Military longer, the Former Spouse gets more than originally intended. In other words, it would be in the Member's best interest not to use a formula or a percentage that would divide any future interests. Expressing the award as a percentage allows for an automatic COLA adjustment to the Former Spouse's benefit in proportion to the Member's benefit.

The above is excerpted from:
www.military.com/NewContent/0,13190,042705_Divorce,00.html[/B]]Getting a Divorce?: How to Divide Military Pension

 

[mistoffolees]

Quite frankly, the military will figure it out.

Yep. They just need to file the appropriate paperwork with the military to ensure that OP's rights are protected.

My understanding is that she won't see ANY money until he starts taking retirement - and then she'll get her proper share beginning at the same time.

 

[marsharoni]

Thank you for clarification, Tex! Very helpful article.

In this same article we noticed it also says :

"Your attorney can limit the potential increases with language stating that the Former Spouse's benefit is calculated based upon the covered earnings that were in effect on the date of divorce. In that regard, the Former Spouse will not benefit from your additional years of service or any gain in covered earnings with regard to your benefit calculation."

That was our main question that we were trying to find the answer to. So according to this article it depends on how it was agreed to be split, and how it was worded in the decree.

Thank you for your reply. We really appreciate your time.

 

[stealth2]

@Lisa Reser - your post was reported because this is an 8yo thread. This forum discourages necroposting. Thank you.