hurtX
recently joined
Reged: 01/30/05
Posts: 4
Loc: Tn
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Can an active duty soldier somehow withdraw his retirement early (before he retires) just so the former spouse who was awarded a percentage of it doesn't get it? If so does the former spouse have any legal recourse?
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Diane67
enthusiast
Reged: 08/14/04
Posts: 341
Loc: California
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The only thing he can take out early - with great penalty, is the TSP $. He is not vested with the military retirement until the day he retires, which is at least 20 years.
If you were married at least 10 years your check will be cut directly from DFAS. Anything less than 10 years s/he would have to pay you every month.
Hope this helps.
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hurtX
recently joined
Reged: 01/30/05
Posts: 4
Loc: Tn
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Thank you for the information. We were married 15yrs and all 15 he was active duty. I had just heard through the grapevine that he had taken his retirement out early so I couldnt get what the court had ordered. I know most people are against former spouses entitlement but I think that in some circumstances it is derserve. Like mine where I was made to give up my career because no wife of his was ever gonna work. Now in order to regain that career I must start all over with schooling and licensing. I waived alimony due to the fact that he agreed to a set amt. of child support and he said he couldn't afford to pay both. I only did that because I knew I was entitled to a percentage of his retirement which would happen 5yrs after the divorce, by then our child would be at the age where I could go back to school and it not adversely affect her. Right now I am working in a low paying job field but that allows me to be there for our child and my pay along with child support, our child is taken care of and I am still able to be home when our child is home and participate in all the activities (with proper budgeting)
Thank you again for the info.
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Diane67
enthusiast
Reged: 08/14/04
Posts: 341
Loc: California
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Don't let him label you a sucker. Also - you need to make sure that if he gives up his retirement in order to get disability. If you decree only states retirement and he goes out on disability you will be left with nothing. It needs to state any compensation received from the VA/retirement or something like that. Sounds like you have a plan in place. Keep your chin up. Men can be such jerks!
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hurtX
recently joined
Reged: 01/30/05
Posts: 4
Loc: Tn
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AMEN to that!!!! And I married the biggest jerk there was!!!
Thanks again
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KimberMarie
recently joined
Reged: 01/30/05
Posts: 3
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How much were you awarded for 15 years? Did you get any medical benefits? I am currently going through a divorce with a retired military member who is retired, so I know he can't get disability to reduce my award. Also, did you get a percentage? If you have legal questions you can call MilitaryOneSource, they give free legal consultations to families of active duty family members, since you have his children you are still entitled... I'm interested in what the courst awarded you and how much did you have to spend and did you have it in your divorce decree that you get the sbp coverage and not a new wife? If he dies, and you don't have that in your decree, your left with nothing, his new wife would get. Only one wife can get. If you covered in your final decree, you are ok. If not, you may need to go back and look into getting that looked at. Please let me know. Thanks, Kimberly
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hurtX
recently joined
Reged: 01/30/05
Posts: 4
Loc: Tn
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ok, for child support I got $800 a month for one child, and was awarded a portion of his retirement pay calculated as 1/2 times a fraction of pay where the numerator is the number of years married divided by the denominator of the years in service.Didn't retain any medical or priviledges, his life insurance has to keep our daughter as the beneficiary. He only has a little less than 2 yrs til retirement. And I doubt very seriously that he will marry again anytime soon......can't keep the buttons buttoned on his BDUs if you know what I mean. He's the type that uses women for money and fringe benefits, if money could provide him those same benefits, he wouldn't bother with women. He is so money hungry he wouldn't want to have to share any of it, thats why he is trying to screw me out of his retirement.As far as him paying his c/s, he has been real good except this month, he only paid 1/2....he needed the extra money to buy a big screen t.v and accessories for his new Harley. He didn't even buy our daughter a birthday present or a .99 cent card. You know I have always heard that all dogs have their day... I'm gonna sit back, keep notes and wait and what a day that will be. You can't continually treat people like crap, especially the ones you say you love (he still tells me that) without reaping what you sow. My divorce papers say that I can take him back to court when there is an increase to his income for more child support....gonna do, just waiting to collect more info on him. Our divorce went through the court in the town that I live in (our hometown) I paid $650, he had to pay more because he was the one who filed, he also had to pay for mediation. It was an uncontested divorce, I was living here and he was stationed elsewhere, said it wasn't safe for my daughter and I to live in the town he was stationed in,(little did I know he had moved in with another woman and was playing daddy to her little girl and only coming in to see his blood child once every 2yrs, its only a 5 1/2 hr drive from here)(he forbid us from coming up and visiting him). No real property to divide except the retirement pay, what he had in his possession was his and mine was mine. we got joint custody but i have sole physical custody. He don't exercise his visitation rights, only once a yr now if that he comes in for a day or 2.
I hope everything works out for you in yours, since your stbx has already retired and drawing from it, I don't know how they will figure yours....there is a military retirement calculator on the net just use your search engine and type in keyword military retirement pay calculator and if you know all your stbx info (yrs in svc, highest rank) you should be able to calculate it.
A little 411 for you, when you go to your atty. take copies of past income tax records, and if you have access to his old LES's, take those and bank statements, this will give you proof of his earnings and he can't lie about them.(like mine tried). Do as much research as you can before going to mediation or court, arm yourself with as much knowledge as you can. I only wish I had known about this site while I was going through mine. Knowledge is power.
Good Luck and God Bless.
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Diane67
enthusiast
Reged: 08/14/04
Posts: 341
Loc: California
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Amen to your last statement. A little knowledge is a lot of power. Keep up the good work! Usually the split will be 1.25% for every year you were married and he was in the service. Mine will have been in 20 years for we were married for only 15 of those years. My share would only be about 18 - 20% - not that he thinks I deserve it.
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Cha
recently joined
Reged: 01/06/05
Posts: 12
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[quote]Don't let him label you a sucker. Also - you need to make sure that if he gives up his retirement in order to get disability. If you decree only states retirement and he goes out on disability you will be left with nothing. It needs to state any compensation received from the VA/retirement or something like that. Sounds like you have a plan in place. Keep your chin up. Men can be such jerks! [/quote]
I'm not an expert but I am a military member going through a divorce. From what I've read, disability canot be touched by the dependent spouse. It's a good catch-all clause that partly eliminates the unfairness of flat-dividing military retirement.
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beenthere
newbie
Reged: 02/12/05
Posts: 40
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the statement you are referring to is known as an indemnity clause. It basically states that if he does anything that adversely affects you financially, be it waiver for disability or whatever, you will be compensated by other funds available to him. hope this helps.....
--------------------
Mottos to live by
Illegitimi non carborundum.
"Even truth in the mouth of a liar is doubtful."
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