Q: Husband get military retirement do I get 50%of his retirement
We're married for 12 years
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A:
Whether you receive 50% of your husband's military retirement depends on various factors. The division of military retirement benefits in a divorce is determined by state law and the Uniformed Services Former Spouses' Protection Act (USFSPA). Under USFSPA, the military considers retirement pay to be marital property, which can be divided by a court.
Being married for 12 years meets the "10/10 rule," meaning you were married for at least 10 years during which your husband performed at least 10 years of military service. This allows for the direct payment of retirement benefits to you if ordered by the court. However, it doesn't automatically mean you get 50%.
You would need to consult with a family law attorney who can guide you through your state's specific laws and help you understand how the court might divide the retirement benefits. They can also assist in obtaining a court order for your portion of the retirement pay. This ensures you receive what you are entitled to under the law.
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