Military Retirement Benefits

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Latest post 04-13-2010 5:05 PM by Financiallystrapped. 4 replies.
  • 03-15-2010 10:30 AM

    Military Retirement Benefits

    My husband and I are getting a divorce after only 5 years of marriage. He is a military career man and will be retiring this year. He wants to keep everything uncontested and out of court, which is fine with me, but I need to be educated as to whether I am entitled to any of his retirment benefits. If I am, I know the percentage would be small, but I dont know if I should just not worry about it at all or try and negotiate this in our division. He has agreed to pay me alimony for 18 months as well, so should I not worry about the retirement benefits?

     

     

  • 03-15-2010 10:42 AM In reply to

    Re: Military Retirement Benefits

    You would be entitled to the marital portion of his retirement benefits which would be from date of marriage to date of separation.  It's up to you if you think it is worthwhile to make a contest out of the benefits vs any possible alimony.

  • 03-15-2010 11:09 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 39,787

    Re: Military Retirement Benefits

    Laymans take:

    You need to stop listening to your adversary as to what is best for you or what your rights may be.

    Me, I'd take a very careful look at the value of the retirement plan and my state law/issues as to equitable distribution. The value of my spouse's government pension plan essentially soared about 2or 3 to 1 in the last  5 years!  So if by state view I was to look at 50% of the value increase during the marriage period (if it were just last 5 years)  if would NOT be a small % or $ number!!  More like 25% of the value of the pot!

    Now the military equivalent of a QDRO requires 10 years of marriage as I recall--but that does NOT mean 0% for a shorter marriage, it merely means government won't pay it directly and you must provide for it some other way in your divorce order.

    I think unless you wise up you are going to get short end of rope. Sure it makes sense to agree w/o having 2 lawyers at $250hr each run up 100 hrs of debate----but by not paying any attention you may well be selling yourself way short. Me, I'd spend for say a few hours of clear discussion with divorce counsel of my choice as to my options --and not discuss same with hubby at all --at least until I made up final mind...

    Who has what assets and who has what income streams --lots of missing economic details.

    Note alimony is taxable to you--may not be tax efficient way for you at all. A payment based on some share of his pension may not be taxable.to you.

    So while there is room to debate how to value an income stream, lets say 40% of the income stream value had its origin during the time of the marriage --and the present value of that income stream based on his age/life expecatancy is  say  $ 850,000--last I looked 40% of that 50% suggests  $170,000 is in ballpark for being bought out lump sum .

     

     



  • 03-16-2010 11:35 PM In reply to

    • rebeccaS
      Consumer
    • Not Ranked
    • Joined on 03-17-2010
    • GA
    • Posts 2

    Re: Military Retirement Benefits

    you can verify this info on searching Military Wife Benefit Law 1986. I think it states you must meet one of these two options to be eligible for part of his retirement.

    20-20-20 wife: married for 20 years - he be in the active duty for 20 of those 20 years you were married to be eligible for 50% of his retirement pay with full benefits of medical and base priviledges

    second type is

    20-20-15: you must be married no less than 15 years of his 20 year active duty years to receive one year of medical, base priviledges the retirement percentage was lower

  • 04-13-2010 5:05 PM In reply to

    Re: Military Retirement Benefits

    Remember, if you worked and have a retirement, he gets some of that.

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