Am I entitled to 50% of my husband’s military retirement pay if we divorce?

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Am I entitled to 50% of my husband’s military retirement pay if we divorce?

I was with him 12 years of his service; we have been married 23 years.

Asked on May 10, 2012 under Family Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you are entitled to one half of your husband's military retirement benefits if you divorce him depends upon the law of the state that you presently reside in, whether you have a pre-nuptial or post-nuptial agreement with your spouse adressing the issue you have written about, and whether there are other equalizing assets of your marriage with respect to the military retirement issue.

Ultimately, the final decision with respect to your question depends upon the decision of the court and what you and the spouse may agree to. Most likely under state law, you would be entitled to some portion of the husband's military retirement pay in the event of a divorce.


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