Baton Rouge, LA asked in Divorce and Military Law for Louisiana

Q: How can I formulate how much my ex spouse will receive of my military retirement? Filed in Louisiana.

I served for 20 years, but we were only married for the last three years of my service. I'm trying to compute what amount of my retirement he is entitled to and also if he's entitled to my disability.

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1 Lawyer Answer
James L. Arrasmith
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A: In Louisiana, the court uses a formula to determine the portion of military retirement pay that a former spouse may receive. The formula is known as the "Time Rule Formula" and takes into account the length of time the couple was married during the service member's military career compared to the total length of the service member's military service.

To determine the amount your ex-spouse is entitled to receive, the court will first calculate the marital portion of your military retirement pay. This is done by dividing the number of years the couple was married during your military service by the total number of years of your military service.

In your case, since you were only married for the last three years of your service, the marital portion of your retirement pay would be 3 divided by 20, or 0.15 (15%). This means that your ex-spouse would be entitled to 15% of your military retirement pay.

It's important to note that disability pay is generally not subject to division in a divorce settlement, including military disability pay. However, if the disability is waived in favor of receiving retirement pay, then it may be subject to division as retirement pay.

It's recommended to consult with an experienced family law attorney in Louisiana to ensure that your retirement pay and other benefits are properly calculated and divided in your divorce settlement.

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