Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26677
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Re: Eligible for any retirement pay?
04/02/09 04:41 PM
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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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