Question:
I was a retired reservist after 26 years 4 months of service by active duty due to an accident and related injury. I receive a pension minus my disability at 50% . Currently going through a divorce and she is trying to take a substantial portion of my retirement even though we were not married during my active duty time. Which is the only reason I receive my pension now. The soon-to-be ex is trying to take 50% on my retirement even though I would normally not be eligible free Reserve retirement for another 12 years. I receive a pension due to my active-duty related injury that disqualify me from continued service.
Jim's Reply:
When we divorce, the final arbiter of who gets what from whom will be the judge or magistrate who presides over the case. The family court uses a fairly standard financial formula to sort out the details. All of your income will be required to be reported to the court and the court will take all those decisions from there. You need a lawyer who can help you answer all these questions as you enter the process.
- PS from StatesideLegal: Use the Find Legal Help directory to look for a LRS provider in your area and request a low-cost consultation with a lawyer who specializes in divorce and is familiar with military & VA benefits.