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

Savannah, GA |

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.

Attorney Answers 3


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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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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.;; 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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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. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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