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Divorce when both are retired military, how are the pensions divided?

My wife and me are both retired military, how would our pensions work in a divorce? Mine is the higher pension. We were married for 17 years of her 20 years of service and 19 years of my 22 years of service. Would she get 1/2 mine and I get 1/2 hers? I know there may be extra factors to consider. She does have a job, I do not, all I have is my pension and that is what I am living off of. We have been seperated for the past 2 years of our marriage. We have been married for 19 years, 3 months. I am willing to let her have the house we own together as well, it is still being paid for by her though.

Savannah, GA -

Attorney Answers (3)

Glen Edward Ashman

Glen Edward Ashman

Divorce / Separation Lawyer - East Point, GA
Answered

No answer that you would get here, with such minimal information, would begin to be useful. You need a lawyer and you need him or her yesterday. Military pension rights are governed both by federal law, and also by state law. There also may be issues as to alimony, and division of other assets and debts, and you can't answer one piece of the case without addressing all the pieces.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
Philip Douglas Cave

Philip Douglas Cave

Military Law Attorney - Alexandria, VA
Answered

In most states military retired pay is considered a divisible asset of the marriage and can be divided. It's possible that in the divorce process it can be negotiated as a wash. This is something that ought to be negotiated by your attorney's. Regardless it's decided by state law only.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your... more
Rixon Charles Rafter III

Rixon Charles Rafter III

Litigation Lawyer - Fairfax, VA
Answered

No way to answer as the final decree will include ALL the variables, including many you did not mention and much that can be negotiated by your attorney. Strongly recommend you hire an Attorney.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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