Dear Attorneys,
I’m in the military and going through a divorce. Does my soon-to-be-ex automatically get half of my military pension? We’ve only been married 3 years and I don’t think she should be entitled to it.
Sincerely,
Pension Perplexed.
Dear Pension,
If you have been married only three years, your soon-to-be-ex may not be entitled to any of your pension. Or, she may be entitled to a small portion of it when it goes into payout status. However, the government would likely not pay her out directly because your marriage would not meet the 10/10 rule. The “10/10 rule” means that you and your former spouse would need to be married for at least ten (10) years and you would have had to complete
at least ten (10) years of service. The 10/10 rule does not actually prevent the payout of your pension if you do not meet the set criteria. However, it does mean that the Department of Finance and Accounting Services (DFAS) will not pay it out directly. Thus, it is important to make sure that the language in your dissolution agreement appropriately reflects the disbursement. You should also consider seeking an attorney who is accredited in Veterans benefits so that they can appropriately draft an agreement. Furthermore, your ex-spouse will likely only be entitled to a fraction of your pension, usually the number of years of the marriage divided by the time of your service, not half of it.
Attorney Shari Shore from Wolf & Shore Law Group has be
en a Veterans Benefits accredited attorney since 2011. Wolf & Shore Law Group is here to make your military divorce easier, not harder. Call us if you have any questions about how to start (or finish!) your military divorce. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
