militaryadvice
recently joined
Reged: 04/22/07
Posts: 10
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I need some brothers-in-arms military advice (Texas resident born and raised) as I am going through now a heated divorce and custody battle. I have 2-teenage boys 14 and 18 age.
I was in Korea for 1-year remote assignment tour and wife filed a divorce. She was a good mother and wife. But, have her on video having an affair with another man, kissing and stuff in his driveway after being at his house for sometime??, this incident after she filed - but yes the affair was probably going on during the time I was deployed. She also had several affairs during our marriage. I still don’t wish a divorce.
Anyways, I have 20-years, 8-months in military and retired in 2007. I have been married over 19 years now, but while in military (during military service) 18 years, 2-months with wife. So I assume wife will get around 45.41% (married 218 months of 240 months) of my military retirement pay. She also requested/took SBP which is close to $200 per month. She has a good GS-9/11 position and has been working in the federal system fulltime since 2001. She also has some part-time federal/state credit as well, dating back to 1993 so a good retirement as well. Yes, she used her military spouse status/advantage to the fullest to get her positions… We will go to mediation or court here in several months…just wish to work it out….
Questions: (Remember, Texas Court Jurisdiction):
1. Who pays the $200 month SBP Insurance?
2. I was told I can get a percentage of her Federal retirement when she retires? Does that work by percentage - the same as the military retirement? Meantime…Do I need to pay for a life insurance policy on her, incase she dies? Then, I won’t get her retirement?
3. Currently, I cannot work as I had hand & shoulder surgery recent (before I retired from the military). I have many duty related military disabilities (jumping out of planes for over 20 years is hard on the body) now but trying to improve so I can seek employment. Should I seek alimony from my spouse? How much child support will I be required to pay as my based pay was around (E-8) $55,000.
Appreciate any advice. Thank you,
Brother-in-Arms
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elliesmom
Carpal \'Tunnel
Reged: 11/07/05
Posts: 8834
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I think alimony is hard to get in TX.
You may get her to agree to waive any right to your retirement in exchange for you waiving any rights to hers. Particularly since she received preferential treatment at this job in hiring etc. because of your service - so your contribution is clear.
Typically you would pay the SBP, but as I mentioned above that could be moot.
There is little you can do about a divorce you don't want, except maybe accepting it and fighting for your rights and those of your children.
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Forgiveness is...letting go of the hope that the past can be changed.
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militaryadvice
recently joined
Reged: 04/22/07
Posts: 10
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Military Retirement Pay Summary/Estimate Sample: (live in State of Texas)
Military Retirement: Based on Salary of High 3-Years
50% = for 20 years of military service
2.5% = per each additional year
USFSPA Formula: former spouse's award
Numerator = total of months of marriage while in military (Top #) / (divided by)
Denominator = total months of service creditable for retirement (Bottom #)
calculated by multiplying marital fraction by 1/2 or (.50)
Thus: 226 months married /(divided by) 248 months in military x .50 = 0.4556451 (spouse's percentage)
(fractions carried out six decimal places)
DFAS Military Retirement Pay Per Month: $3,000.00 (pay as of 1 January 2007)
If spouse seeks part of member’s military retirement:
$3,000.00 Retirement Pay
- $200.00 Survivor Benefit Program (SBP) (if spouse requested)
$2,800.00 in Disposable Income (Gross)
spouse's award:
$2,800.00 x 0.4556451 = $1,275.8162
Military Retirement Pay After Divorce:
$1,524.18 Military Member's Monthly Military Retirement Pay
$1,275.82 Spouse's Monthly Severance Pay Portion*
*Written in divorce decree, spouse required to reimburse military member for SMP amount directly (EFT) from pay, following taxes.
*If the former spouse seeks the Survivor Benefits Plan (SPB) Insurance, the insurance is purchased solely to benefit that former spouse alone and no one else, thus if former spouse desires SPB insurance former spouse pays for it.
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Bjay
member
Reged: 06/04/05
Posts: 130
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Well, you are doing pretty good except for you assumption that the USFSPA divides miltary retirement pay and or has any kind of formula in it.
The USFSPA allows the states to divide military retirement pay. Here is a link to the actual law:
http://www4.law.cornell.edu/uscode/html/uscode10/usc_sec_10_00001408----000-.html
Read it over and over again until your understand it and ask questions about anything that isn't clear.
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militaryadvice
recently joined
Reged: 04/22/07
Posts: 10
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Bjay - I have not researched this much, but from the many attorneys and divorced military members I have spoken with Texas Courts/Judges pretty much follow or use the USFSPA guidelines or recommendation about the number of months married / months of creditable service formula. It sounds like it is pretty much straight forward, at least in Texas.
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26677
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Thats just a formula, there are other things at play as well, if she is awarded an amount in dollars, then she gets no more when the raises come every year, and disability is not counted as part of your retirement. A quick way is to multiply the number of years you were married, while you were in the military by the same 2.5 and you will get pretty close. But the bottom line is that its all up to the judge.
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Bjay
member
Reged: 06/04/05
Posts: 130
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I live in TX. Do your own research. Start with the link I gave you. There is no entitlement. The USFSPA only allows the courts to divide retirement if they see fit to do so and (this is important) anyway they want to. Most states do use a formula much like the one you have used but, that is not written in stone nor in the USFSPA either. My present husband and I were both divorced in CA, a community property state. The retirement was divided in my divorce and was not divided in my husbands. Don't believe what someone tells you without asking where you can find conformation in writing. If it isn't in writting it is not worth cent.
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