Legal Question in Veterans Law in Illinois
retirement pay
I was married to my wife for 10yrs-8mon-20days out of my 20 years of service. What is the percentage she should get? And how do you get it? Thank You.
2 Answers from Attorneys
Re: retirement pay
It depends. Hire local counsel to review the facts of your case.
The starting point is 50-50, but you can argue about balancing your pension against something else. it's all done on paper, so the actual pension may remain untouched.
The cut off is 10 years, as I recall, so the minutiae may not get you anywhere.
Re: retirement pay
Military retirement pay is treated like a pension, and typically is subject to division in an action for dissolution of marriage. After a court "divides" the retirement pay, a QRDO is sent to the Gov't. In your case, WITHOUT MORE INFO, it sounds like 50%. Good Luck.
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