Am I entitled to any of my x husbands military retirement even though I was not married to him while he served?
We were married for 29 years, I live in Washington state I heard there is an obscure law that says I am entitled to a part of his retirement after being married 14 years
Public Comments
- Here's a thought, why don't you leave him alone and take care of yourself?
- Call 1-800-827-1000 and speak to a Benefits Counselor with the Department of Veterans Affairs. Fmr. Marine Sgt.
- NO! That is being Bitter. I hope to heavens not. Sorry Honey - NO! The coverture requirement is commonly referred to as being a "20/20/20" spouse or "20/20/10" spouse, meaning that the marriage and the military duty were concurrent for (overlapped for) at least ten (10) years. http://www.whitaker-law.com/assets/Divorce%20in%20the%20Military.pdf and just to Clarify http://www.divorcesupport.com/divorce/Washington-Military-Divorce-Laws-2781.html Dividing the Property Along with the normal Washington property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse. The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.
- Firstly, why? Answer that to yourself, and if the answer is because you're a money grabbing biatch then stop being one. 29 years is a long time, but don't get bitter. I don't care the circumstance, do things for yourself. Money ISN'T everything - It Just seems like it. If you had respect for one another he'd look after your regardless, but clearly, you're not a good person!!! You should have been together because of love and wanting one another, not because he could provide. The same thing exists when you're divorced, and if you're craving his money with no kids involved - you NEVER loved him. If you feel that strongly on getting his cash, ask a solicitor. Make sure you think first. Integrity is very important. Obviously,. if he was having an affair then you want to get back at him - and what better way than his wallet. Just make sure you think clearly, please.
- No. Unless you were married to him AT LEAST 10 years while he served. This law is meant to recognize the shared sacrifice HE and YOU made for his career and service to the nation. You on the other hand are a money grubber!
- So he risked his life to protect you and your country and now you want to take his benefits? Wow I am not even American and I am disgusted with you. I sure hope you can't you selfish cow. No wonder men think women are crazy.
- I am not sure how the laws work in your state. As far as I have known though you would have to have been married to him while he served. I don't know how old you and your ex are. But to have served 20 years before getting married and then be married for 29? Sweetheart, the math says that you both are in your 70's or very close to it. I am not sure that this is a legitimate question. I smell a troll here.
- In the end it is all up to a judge. The most common rule is that if you are married to a person in the military (while they are in the military) for ten years or more (half of the time it takes to retire) than the spouse may be entitled up to half of the retirement benefits. In your case any judge is going to see right through you and deny you any military retirement benefits that he may have earned. You never had to put up with a hectic military schedule, deployments, or any thing else that comes with being a military spouse. This all seems very selfish and self centered to me. I guess I am curious as to why you think you should get any of those benefits?
- no. in order to qualify you had to have been married at least ten years WHILE he served. being married before or after does not count.
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