Q: What are my rights if married in a community property state but getting divorced in an equitable property state
He has retired from army and gets retirement, 80% disability, and works full time on a civilian job now. we have been married 13 yrs and 3 mos. Have no children.
A: The state that has jurisdiction at the time of the divorce controls the property division, generally speaking. You are in Alabama now, right? If he's in Alabama, too, we're in good shape. If he's not that complicates things and we'll need to talk. Jurisdiction can be a confusing thing. Getting some of his retirement is going to be tricky in your case also. An Alabama Court can only divide that portion of a retirement that was earned during the marriage. And the most that an be awarded is 50% of the present value of the retirement. Another complicating factor: It sound like your husband is receiving a disability retirement from the Army. An Alabama court CANNOT award a portion of a disability retirement in divorce. Do not lose hope, though. There may be other routes that will get you what you deserve in the divorce. Get yourself a good lawyer. If you already have one, rely on his or her advice. The information that I have been able to give you in this answer is pretty sketchy, and based on very limited information, so you shouldn't rely on it. But, if you would like to discuss the matter with me, you can contact me by clicking on my name above. Or you can go to www.scully-law.com and go to the contact us page. I don't charge for the first 30 minutes of a consultation. Best of luck to you.
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