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I have military retirement that i brought into the marriage,does my wife get any of that when she files for disalusion

Chester, OH |
Filed under: Divorce

i was recieving retirement pay before

Attorney Answers 3

Posted

If the pension is purely "premarital" then, NO, she is not entitled to any of such pension. However in a dissolution you can essentially agree to what ever you want. A dissolution is an agreement between the parties. So if you AGREED to let her have a portion of the pension, that is fine, but she is not "entitled" to it. Good luck. You certainly should have an attorney review the documents.

The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.

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Posted

The Uniformed Services Former Spouses’ Protection Act (USFSPA) was passed by Congress in 1982. The USFSPA gives a State court the authority to treat military retired pay as marital property and divide it between the spouses. The USFSPA defines a “court order” dividing military retired pay enforceable under the Act as a “final decree of divorce, dissolution, annulment, or legal separation issued by a court, or a court ordered, ratified, or approved property settlement incident to such a decree.” This also includes an order modifying a previously issued “court order.”

If you were already retired from the military and already drawing retirement pay from the military PRIOR to getting married to this woman, she has NO entitlement to it. Because she was not married to you while you were in the military, the court cannot legally divide it between you and your spouse. However, the court can include this military retirement as part of your total income and use it to calculate either spousal support or child support in this marriage.

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Posted

If you are a retiree and live near an active duty installation you should check to see when the post Legal Assistance office sees retirees. They should eaily be able to answer question and let you know if you need to hire private counsel as they can only advise not represent. This is a bread and butter question for JAG legal assistance attorneys. Good Luck

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