If the retiree is convicted of DV/Assault of a 100% disabled Sp. Is the spouse still not entitled to ret. Pay or VA benefits?

Is it more beneficial for the abused spouse to divorce and claim her portion of retirement. Or continue to stand bravely, yet quietly by her abusers side and be re-victimized by the red tape involved in deciding if she"deserves"an "apportionment" of her husband money??!! Somebody needs to WAKE up!! The FAMILY sacrifices as much if not MORE than the soldier!! And, the BILLS will continue to come each month like clockwork...:so HOW is the spouse expected to PAY without the income from the incarcerated vet??!! ALL money should be given to the innocent, battered abused family to put their life together ...THEY earned it!!

El Paso, TX -

Attorney Answers (4)

William Emil Cassara

William Emil Cassara

Military Law Attorney - Augusta, GA
Answered

I don't think any lawyer can ethically answer such a question without knowing all of the facts, the dollar amounts, etc. You need to retain a divorce lawyer with experience in military matters in your home state.

Stephen P. Kelly

Stephen P. Kelly

Criminal Defense Attorney - Worcester, MA
Answered

How marital property, including military pension, is apportioned between spouses in a divorce is governed by state domestic relations law. I recommend seeking guidance from an experienced family law attorney in the state where the abused spouse resides.

Law Office of Stephen P. Kelly (508) 983-1479--Criminal Defense, Military Law, Divorce & Family Law, Appeals.... more
Rixon Charles Rafter III

Rixon Charles Rafter III

Military Law Attorney - Fairfax, VA
Answered

Confusing post. You seem to be asking whether you should divorce your husband or stay married, and the lynch pin in your decision is your ability to collect all if his retirement instead if just half. Not sure there is an answer to that philosophical question.

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

Harris Justin Brumer

Military Law Attorney - San Diego, CA
Answered

First and foremost, if you're truly being abused, then you need to get the hell out of the relationship. Your safety and well being are paramount. Second, you need to contact your husband's command and inform them of the Domestic Violence. They can issue a Military Protective Order (MPO) and remove him from the home. Third, file a Domestic Violence (DV)/Temporary Restraining Order (TRO) with the civilian court system. Fourth, file for a divorce and claim your share of your husband's military retirement (if he does a 20 year career and retires). You are eligible for a portion of his retirement for any time that you are married that overlaps with creditable military service. Federal law gives state courts the right to divide the pension (USFSPA). There is no minimum time that you must be married to get a portion of the retirement.

In the interim, before your divorce is final, you may receive interim support from your husband due to the Army Regulation (AR 608-99). You may also receive spousal support from the civilian court system.

Go see your base's legal assistance office and consult with an attorney immediately. The Legal Assistance base can provide you with a list of family law attorneys in the area, many of which may be well versed in military cases.

Good luck and protect yourself at all times.

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