Legal Question in Military Law in Georgia

Re: Divorce

The "I'm going to get half your retirement" threat is common among litigants who believe that by exercising economic control over you, they can continue the physical control over you. You need to immediately locate a competent and aggressive divorce attorney to represent you in this matter.

If you were married for the full 20 years you were in the army, and divorced after you retired, then your husband could ask for (but might not get) half your retirement. However, let's suppose you have been in the army for ten years, and you've only be married the last five. You divorce him and go on to complete 20 years in the army. He is entitled, at the maximum to 5/20ths of your retirement (1/4) and only if the court decides that is a fair division.

Most courts look closely at issues of domestic violence and consider it a form of marital misconduct equal to adultery and alcohol abuse. They evaluate fairly the claim of the abused spouse that they were forced to end the marriage in order to protect themselves from violence. They have the abiity to adjust property settlements and award less on the basis of misconduct. Keep in mind that you can get a portion of his retirement too, and if he doesn't have a retirement plan, you can ask that it be taken into consideration in the property division. In other words, you would have gotten some of his retirement if he had one, and since he didn't have one, he shouldn't get any of yours.

Whatever you do, don't go back to that life. There are many resources available to you in both the Army and on the outside. If you need a referral to a Georgia divorce attorney, contact the Georgia Bar.