Redlegg
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Reged: 10/05/06
Posts: 26677
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There are many cases of military retirement being divided in wyoming. I do not think this is going to be a big thing to get done. You do have some options. How long were you married, while he was in, and who is your health insurance with right now????
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Clutch
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Reged: 03/17/09
Posts: 11
Loc: San Antonio
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If you were not married 10 years, the only option right now is him paying you directly. No state courts have the authority to make DFAS pay directly. If you ask for an amount, you will get that amount, if you ask for a percentage, you will get a COLA every year. The last one on jan 1 was 5.8%. I have no idea about how wyoming does it, but the USFSPA makes it divisible property as to how the states see fit.
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The courts ahve the right to order him to pay out that retirement percentage. TX and WY are very similar when it comes to marital law. Trust me; as I just went thru the same case but on the opposite end.
Talk to an attorney who's familar with military divorces. Though you're getting some good info here, a lot of what you're reading is not always relavent to your situation and a lot of it is cut and paste off of info sites. See an attorney and you'll know for sure of your rights
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jmgriffin1
recently joined
Reged: 04/01/09
Posts: 7
Loc: WY
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7 years while he was in and I carry the health insurance for myself as I work for them.
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jmgriffin1
recently joined
Reged: 04/01/09
Posts: 7
Loc: WY
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The attorney is the one that told me we weren't married 20 yrs, so no percent for me. Seemed wrong so I got on the internet searching for info. Maybe she thought I wanted 50%
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jmgriffin1
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Reged: 04/01/09
Posts: 7
Loc: WY
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I couldn't find an attorney specializing in military divorce but this town is centered around an AFB so I imagine all the lawyers are familiar
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Redlegg
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Reged: 10/05/06
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You are not getting what I am saying. A former spouse gets her share one of two ways. It is either a direct payment from DFAS, or it is a payment from the former spouse. In order for DFAS to pay the former spouse directly, the marriage has to have lasted 10 years. it the marriage did not last 10 years, DFAS will not pay her directly, and no court can change that. Alot of retired members wanted that chaged, as did the former spouses. The reasoning was that it is just easier for DFAS to pay the former spouse instead of writing a check every month. There are also tax issues. A former spouse that gets paid from DFAS will pay their own taxes and get a 1099 from DFAS, a former spouse will have to pay the taxes and the former member will have to deduct the payments from his income if the member is writing the check. That does not vary from state to state. DFAS will only accept certain language in the order, if its not there, they will not divide until they get a clarification. Basically they will not divide at all if the marriage lasted less than 10 years. It is a moot point because the marriage was only for 7 years. But who pays the money is not a state directed issue, the states just do not have jurisdiction. State courts vary in how they do things, what applies in in one court does not apply in another, judges do things differently. No one is saying that is how it is going to be, only that nothing is definite and you should not count on anything.
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Redlegg
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Reged: 10/05/06
Posts: 26677
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Whether anyone likes to admit it or not, it is a bargaining chip. Using the 2.5% method you would be getting 17-18% of his retirement, whatever that is, it will be close using the months married/months served formula. But if there is somethng property wise that you want instead of that, you can do that as well, a house, him paying for health care. it is just an option, and if it does not make sense, then do not do it, just say you want the retirement.
here is some info on it:
http://www.dfas.mil/militarypay/garnishment/fs-qa.html
The text of the law
http://www4.law.cornell.edu/uscode/10/1408.html
TITLE 10, Subtitle A, PART II, CHAPTER 71, § 1408
is the legal name of it. You should ask any attorney if they are familiar with the law, or the USFSPA. The one you talked to is clueless if he said you have to married 20 years to receive any division. If you were married 20 years while he was in, then you might get 50% and benefits, but that is off the table due to the length of the marriage.
Once you show a lawyer that the military retirement is divisible, it is no different than any divorce, the property is divided. The pension is considered property.
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Redlegg
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Reged: 10/05/06
Posts: 26677
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Make sure you list his military retirement as property, you should have the copy, or at least the link to the law, and different ways to compute it. It is property, your lawyer needs to know that and the law that establishes that. You have the law, you have the knowledge.
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jmgriffin1
recently joined
Reged: 04/01/09
Posts: 7
Loc: WY
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No, I get you. Thank you.
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26677
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:) that response was not to you, sorry for the confusion.
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