Legal Question in Military Law in Virginia

hi, i have not been living with my husband since 2011 we have not filed for separation or divorce yet. but seriously considering divorce. we have been married since 12/2003. my question is would i be able to qualify for the 10 yr rule for a share of his pension plan. or do they deduct the two years we have not been together.

Asked on 8/09/13, 5:31 am

1 Answer from Attorneys

William J. Holmes Attorney at Military Law

You will be able to receive a share of his retirement if you divorce. The 10 year rule only applies to whether the military will withhold your share of his retirement and pay it to you directly. You can receive a share even if you have been married less than 10 years.

I hope this has answered your question. Please feel free to contact me directly at (757) 420-9321 or [email protected] if you have any other questions.

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Answered on 8/12/13, 6:54 am

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