Legal Question in Veterans Law in California

Military retirement

my first wife and i were divorce after being married for 9 and a half years. I am due to retire with 20 years of service in seven months. Is she entitled to any of my retirement pay?

Asked on 8/21/07, 3:20 pm

2 Answers from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Military retirement

The answer to this question lies in your divorce decree. If the property settlement did not stipulate that she was to receive a portion of this, then it is highly unlikely that she would qualify unless she took you to court and made a petition for spousal support. Since I am not licensed in California, I cannot give you a definitive answer, thus it is best speak to a family lawyer who is licensed in California to give you a definitive answer.

Good Luck!

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Answered on 8/21/07, 3:42 pm
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Military retirement

Yes, she is entitled to a portion of your retirement benefits.

To calculate how much, first determine how many years you were married to her during your 20 years of service. Let's assume it's the entire 9. That is a ratio of 9 to 20. Next, figure out what her 1/2 of that is.

She's entitled to 1/2 of 9/20 of your retirement pay. That's roughly 25%.

To get a complete answer, see your base JAG office. They'll be able to help you calculate the figures, which could be modified if you are paying child support. Since you are retiring, you are entitled to JAG assistance for life.

Good Luck

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Answered on 8/21/07, 4:18 pm

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