I have been married for 13 years. I supported my wife while she went to college, and made sure she never wanted for anything. I was medically retired from wounds received in combat. In 13 years she has never held a job for longer than 2 weeks, and even after 7 years of college she still has not earned her Bachelors degree. Does she have a right to my Pension?
?
Yes, she's entitled to half of it under federal & state civilian laws.
How long she's been in school or how long she's held or not held a job is irrelevant. The laws for pension is based on how many years you have been married.
However for her to be eligible for certain military benefits, you would have had to been married for 20 years.
You may want to seek some advice from an attorney that also understands military laws.
Anonymous
Yeah , she'll get 1/2 your pension . What's worse is that after 13 years with no job , you'll likely be paying her alimony too .
Sorry dude .
If you are wise , before you file you will suck all the equity out of the house and sell off any significant assets long before you file for divorce .
That way you can at least cut your losses on the property .
g
Yes. Her rights to your pension have nothing to do with her employment or educational history, but rather the fact that she is your spouse. You still need to speak with an attorney, but you can't prevent her from requesting it. The judge will still decide what, if any, she is awarded.
ETA: And yes, depending on the laws of your state, alimony may also come into play. You've been married over ten years and she's not been employed, or had to support herself.
Anthony T
You might try offering her cash or property upfront in exchange for waiving her rights to her share of your pension. Give her the house, car, cash, etc....
Anonymous
Ask a lawyer.