Q: Dual Military Pensions in a divorce
My wife and me are both retired military, how would our pensions work in a divorce? Mine is the higher pension. We were married for 17 years of her 20 years of service and 19 years of my 22 years of service. Would she get 1/2 mine and I get 1/2 hers? I know there may be extra factors to consider. She does have a job, I do not, all I have is my pension and that is what I am living off of. We have been seperated for the past 2 years of our marriage. We have been married for 19 years, 3 months. I am willing to let her have the house we own together as well, it is still being paid for by her though.
A: there is an arithmetic formula involved, but the amount of each other's military retirement you would each be eligible for is able to be calculated by a divorce attorney familiar with military divorce. You may also be able to enter into a settlement agreement with each other that would simplify some of these issues. You will need an attorney, but it is possible one attorney may be able to handle the divorce if it is uncontested, and the non-represented spouse signs a document agreeing to that.
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