Advice for a friend...

[mrmagoo]

What is the name of your state (only U.S. law)? VA
I have a family member in need of advice. This person is military, a few years from retirement and currently married to a canadian citizen. The marriage is broken and he wants a divorce. They were married in 2002 in Florida and they are "no" children to the marriage. He wife has "always" worked but not right now as he just transferred to Ft Lewis, WA. By the way, his wife is from Vancouver, BC which is a couple of hours away. He wants to know what if any ramifications were on his pending military retirement as well as getting the divorce completed quickly?

Thanks!

 

[IrishLady47]

The portion of his military retirement earned during his marriage is considered marital property. Just the same as any retirement pension/savings plan she earned during the marriage is marital property.

Any assets or debts that have been incurred during the marriage will have to be divided during the property settlement portion of the divorce. This does not mean each asset (like the military retirement) has to be divided, but, overall the distribution of assets & debts should be equal.

If they can come to an agreement between themselves and have it incorporated into the divorce decree it will save them both on attorney's fees.