I am active duty military with 14 years of service where my marriage overlapped 9 years. My spouse was caught cheating by a private investigator and I will be getting a fault based divorce. Also, I'm learning that everything she ever told me was a lie. She told me before we married that she was a registered nurse, she adopted a child, and a couple of other things that all turned out to be false; she's being evaluated for mental health concerns. Will this prevent her from getting my military pension since I haven't retired and she didn't contribute to it? I know it's considered community property but what can I do to protect what I've worked for while she's laid around lying/cheating. My home of record is Tennessee but I'm currently stationed in Louisiana where the divorce proceedings are being handled.
Grounds for a divorce are based on state law, so I would consult with a Family Law attorney in LA.
The military pension division is based on Federal Law and the Uniform Services Former Spouse Protection Act (USFSPA) and that laws interaction with your state's family law code.
Pension division is a property right, whereas spousal support and child support, assuming you have children with this person, are support rights. Each state is different when it comes to Family Law cases.
Consult a local Family Law attorney, who has experience in military divorces, ASAP!
Best of luck!
The short answer is no, her lies do not preclude her from having an entitlement to military retirement. That said, as any property right, it can be negotiated. You'll need to find a family law attorney that is versed in military entitlements.
This area of law is highly specialized and fraught with little idiosyncrasies. You're going to want to hire a family law attorney with knowledge of military law as well.
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