Legal Question in Family Law in Nevada

I was Married 23 years and 7 months at the time of his military retirement and we are now going to get a divorce; how much of his retirement am I entitled to?


Asked on 10/15/12, 10:24 am

1 Answer from Attorneys

Marshal Willick Willick Law Group

That is not enough information to answer the question. What you are looking to calculate is the marital/service overlap, under the "time rule." Works like this:

Figure service start and end dates.

Figure marriage start and end dates.

Look for overlap between those dates.

The last number is the numerator of a percentage. The denominator is the total amount of service from the first step. If you were married during the entirety of military service, the two numbers would be the same, and the overlap would be 100%. The spousal percentage -- half that number -- would be 50%. If there is anything less than a full overlap, the spousal percentage would be less than 50%.

Much, much more information is posted at http://willicklawgroup.com/military-retirement-benefits/, and especially in the article posted on that page titled "Divorcing the Military: How to Attack, How to Defend."

This is a highly specialized area, and there are very few attorneys well versed in military-related divorce matters. Please review the information we have posted, proceed very carefully, and let us know if you need further information or assistance.

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Answered on 10/15/12, 10:31 am


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