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#762319 - 05/19/13 11:31 PM HE DOESN'T WANT TO PAY UP
IwantOutNow Offline

recently joined

Registered: 05/19/13
Posts: 1
I have been married for 16 years to a guy in the military. Recently I learned that he lives a double life. He has a baby by another soldier. I often contemplated getting them both in trouble by notifying the military, but deep down that is not going to solve anything. I have told him that I want a divorce as well as child support and spousal support, and he stated to me that I could get child support but i was not getting spousal support because there is nothing wrong with me and I can work. My question is am I eligible for spousal support and also I have always heard that if you reach that "10 year mark" you are eligible to half of the retirement, is that true?

#762320 - 05/21/13 09:19 PM Re: HE DOESN'T WANT TO PAY UP [Re: IwantOutNow]
BeachBabeRN Offline
Carpal \'Tunnel

Registered: 01/17/06
Posts: 3236
Loc: VA for 21 years, NC forever!
You might want to post this in the Military Divorce section....there are several people here that are well versed in the military laws.

#762321 - 05/23/13 06:46 PM Re: HE DOESN'T WANT TO PAY UP [Re: IwantOutNow]
javajunkiee Offline
Carpal \'Tunnel

Registered: 06/02/08
Posts: 3200
Loc: SC
I believe the military part has a 20yr mark, but as suggested hit the Military divorce forum on this site for confirmation. I could be wrong about that part.

Newsflash to your husband, but he doesn't get to decide whether or not you are awarded alimony - the judge does. You have a long term marriage so you *will* get an alimony award; likely with a stipulation that it ends at a certain point, and that you take that time to complete your education or obtain employable skills. If you're healthy and capable you should be supporting yourself at some point - the marriage is over so his supporting you will be too.

One other thing though, is that your husband is going to be in for a rude awakening. SC I NOT a no-fault state. You can sue him for divorce on the grounds of adultery and he will be penalized for it in this state. It's not like he can deny it with the living, breathing proof wandering around.

Never, NEVER, listen to the divorce advice given to you by the person you're divorcing. They will tell you whatever serves their best interests, not yours.
Marriage doesn't come with a money-back guarantee.

#762322 - 05/25/13 09:44 PM Re: HE DOESN'T WANT TO PAY UP [Re: javajunkiee]
BeachBabeRN Offline
Carpal \'Tunnel

Registered: 01/17/06
Posts: 3236
Loc: VA for 21 years, NC forever!
I think they changed the military pension to you're entitled to half of what accrued during the period of the marriage....

In addition, if your husband chooses not to RETIRE and just leaves the military at his EAS date, there IS no pension, therefore, there is nothing for you to get a portion of. One must retire from the military in order to receive a pension.

Have you worked during the term of the marriage?


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