Is it true under title 10, 20/20/20 rule for spouses of retired military, most do not get 50%

Asked 5 months ago - Camp Hill, PA

I was told the trend is in divorce the 20/20/20 spouses usually only get about 25% of the retirement pay; although retired military pay is considered property/entitilement, not a true retirement plan like a 401k.

Attorney answers (3)

  1. Veronica Alicia Silva

    Contributor Level 12

    5

    Lawyers agree

    Answered . Pennsylvania uses an equitable division of marital property approach. That will determine how much you would get of the retirement pay. The 20/20/20 rule only impacts the entitlement to other benefits. Obviously if you qualify as a 20/20/20 spouse, you had a long marriage and that factor, combined with your other circumstances will determine how much of military retired pay you will receive. Consult with a local divorce attorney about the details of your case.

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    * I am not your lawyer until you and I have signed an Engagement Letter. This and other similar posts by me on the Internet are for informational purposes only. They are not legal advice. Nothing I post online should be taken as legal advice for any individual case or situation. This answer is not intended to create, and receipt or viewing of it does not constitute, an attorney-client relationship. While I do provide my best effort to be accurate, I do not guarantee accuracy given the general nature of these posts, answers and comments.

    Veronica A. Silva is an attorney licensed only in Illinois. The use of the Internet and this answer or similar... more
  2. Cheryl L Van Ackeren

    Contributor Level 10

    5

    Lawyers agree

    Answered . Military retired pay is generally considered marital property. What percent you receive depends on your case. There is no automatic amount that you will get. A 20/20/20 spouse is entitled to receive direct payments from DFAS and to retain their military ID and tricare.

    The information provided is for general informational purposes only and not intended to be legal advice. If you... more
  3. Ryan Sweet

    Contributor Level 13

    2

    Lawyers agree

    Answered . I'm not a PA attorney, please understand. I'll help as best I can. The 20/20/20 rule as I understand it is a guideline. There are a lot of factors that fall into place, and each state varies. You'll need to work within the rules of your state, and all of the factors that apply to your unique situation/divorce. My honest advice is that couples are generally happier post-divorce when they equitably and amicably split property and custody in a divorce and walk away on good terms versus tit-for-tat contested divorces, which are expensive and unpleasant. Now is not the time to screw the other person and get greedy... just keep your sanity, remain friendly with this person you knew and loved for decades, and walk away on good terms. It didn't work. Doesn't mean you have to hate each other.

    Best of luck to you!

    *NOT LEGAL ADVICE. YOU HAVE NOT PAID ME A RETAINER. WE DO NOT HAVE AN ATTORNEY CLIENT RELATIONSHIP. This is... more

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