Is my spouse entitled to a portion of my military retirement although she has had a child from someone else during our marriage?

Asked on August 31, 2012 under Family Law, Tennessee


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, military divorces differ from non-military divorces only in the distribution of military benefits such as the pension.  Fault issues - such as adultery - and their impact as to asset distribution are based upon state law.  It is my understanding that Tennessee does take adultery in to consideration.  I would speak with an attorney familiar with both these issues.  Good luck.

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