Federal military pension guidelines are similar. A former spouse of a military retiree is entitled to a percentage of the retiree's military pension. I believe that this does reduce the retiree's pension amount, so your son house won't like this. I don't know how this is handled in various states -- it might be part of overall property settlement negotiations ( "I won't claim 50% of your military pension if you sign over your half of the house to me." ). However, it is a federal guideline that the former spouse is entitled. My DH's total "points" for active and reserve duty over 30 years did not qualify him for the minimum required for a military pension, so the Ex got nothing for that.
Military pensions… you get 50% of your paygrade (taxes) after serving 20 years active duty, full time reservist same… Navy "TAR's"… USMC "FTS/AR's"… Army active reservists & Guardsmen, Air National Guard… etc' etc' etc'…
So for the "ex" to get her half of the "50%"… she will have to have been married to you (solid) for ten of those 20 years… ACTIVE service : )
So, me… I did 26 years in the Marines (OOH RAH!)… so you get a percentage of 50% (additionally )for each year served past - & beyond the 20 year mark… all the way out to 30 years and beyond… think the Commandant and the Sergeant Major of the Marine Corps : )
So as a Master Sergeant, at 26 years, I got about 70' ish percent of my base pay at retirement, for retirement (taxes)…
Not bad for an old knuckle-dragger like me
… and for life too!
Now, my ex, she pulled her ejection handle at just shy of the 21 year mark… but she abandoned the kids and me… she walked away… the kids, they were all teenagers by then,. and they all three "wanted to live with dad"… so we got shared custody, with me being the "primary residence"…
The (s2b) ex says to me… "I
don't want to pay you child support, so I promise
not to come after your retirement"… "I said ok hun", "promise huh"… lets get that in the divorce paperwork (decree), Mrs. Sandra'… my lawyer ensured it was so… and when the divorce was final (Florida)… and old Judge "Slaughter" (real name)… hit his gavel, and the paperwork was filed, with his 'seal' on the top page… well that was it!
My ex, don't get zip, nadda… of Red5's retirement, she "signed it all away" as a matter of temporary convenience… wow… its a done deal now,
she signed it all away, so she "wouldn't have to pay ME child support"… wow : (
She is on some kind of SSI now, and she will be able to draw from my social security (time served), when she is eligible to, and that's fine and dandy with me…
And… as we were married for 21 years, and I was a Jar-Head the whole time… she retains her military dependents ID card, commissary & exchange (close by?)… she can, if she wants to, also buy into my Tricare… I don't know if she ever did that?… none of by business, and not my purview.
Now my current wife, she was married to her Soldier first husband for 20 years, so she got 50%, of his 50% Staff Sergeant E6 retirement pay… after they divorced… but she was shy about three months of the 20 year requirement to retain retired dependent status ID card (DEERS-RAPIDS system)…
Now, even after we got married back in oh' eleven… she still rated her 50% of her ex husbands E6 pay at 20yrs - 50%, even though she remarried.
And he (her exH) was surprised to learn this… and I told her, why don't you just let the poor man have that couple hundred "Benjamins" there… you got me now… we both work (back then), I'm retired and working, we got more than enough… and he seems to be down on his luck now… whay don't you just let him have it now…
Nope, she wouldn't do it… she said "I earned that, its mine"… so I said, "I don't want that $$ supporting this household, will you please put that somewhere else ok"… "that's when the fight started"… hmmm : (
Her ex passed away back in oh' sixteen… lung cancer, so when the service member retired leaves this world, all that 50% of the 50% stops immediately!
And wouldn't you know it, DFAS messed it up, and kept on paying her… her 50% of her ex's 50%!
… … they would send her letters, saying that she owed them $$, so that was never ending bpd supply… went on for over a year… she called our Congressman, and even sent a letter to the White House...1600 Pennsylvania Ave!
It was finally resolved, and she was "free and clear" : )
She never stopped complaining about how the US Army did not allow her to keep her dependents ID card, Ft. Rucker Alabama… because she came up about three months short on that 20 year requirement back in oh' four... when her and H#1 got divorced… she would go on and on about that… MEANWHILE… in her pretty little leather purse… what do you suppose was in her wallet?
Take a guess…
Well, it was (and still is) a dependent ID card, and on the front it said, Mrs. Red5, full exchange and commissary privileges, dependent spouse of a certain Master Sergeant USMC (Ret.) Red5 !
… since we got married before I retired, she retains all privileges via my dd-214… even though we were only married a few months prior to be bailing out… so come on now, why is it still such an "issue" what happen to her back in oh' four !
You see… she has me now
… even still, even though we're separated… but she still chooses to "ruminate" about how she was 'victimized' over fifteen years ago now… we've been together for twelve year… and eight of the twelve these years, we have been married,
I dunno… & gee wiz,
I don't know why I have written all this … guess to say, yes,
AskingWhy will be apportioned her fare share under the state and federal laws, if a divorce takes place… 20 years time served… and I think they call it "marital assets"… "mutual distribution"… and also in conjunction with a divorce decree… what for & there in forthwith : )
I am pretty sure AW will also be able to draw her husbands social security as well, when that time comes… due to the longevity of the marriage...
Yeah, only ten years of the 20 served… till you "walk the bullets" and retire… and the wife/spouse rates 50% of the 50%… should she want it, that's the law.
Red5