Can BM get DH military retirement?
Does anybody have experience with BM trying to get a portion of military retirement? DH is retiring from the military soon and BM is now claiming she will be getting a portion of his retirement. The divorce decree clearly states she is not entitled to any of his retirement but can she take him to court and try to get it anyway? They were married five years and divorced over 10 years ago. She is bipolar and her mental condition is clearly deteriorating so I am wondering if she can try to somehow get part of his retirement based on that? She doesn't work and pretty much lives off child support so she doesn't know what she's going to do when child support runs out. She has no money to take DH to court but her parents certainly do and certainly would if there was a chance she could win.
I have been looking forward to the day BM is no longer an aggravation in our lives, or at least a minimal aggravation. I am wondering if I am being naive to believe she will eventually "go away" after ss15 turns 18. And can she just keep dragging DH through court as much as she wants like she claims she intends to do? She says "This will never be over."
If the divorce decree states
If the divorce decree states she does not get it then I doubt she will, but expect her to try.
She is entitled to it. My
She is entitled to it. My mom and dad have been divorced over 15 years and if she wanted to go for it, she could. It depends on how long they were married and how long he was in the service. My parents agreed to leave each others retirement alone when they divorced. It is in their agreement. But, if your DH and his ex didn't put it in and she knows about it and fits the guidelines she is entitled to a portion of it. Nothing he can do about it.
You need to check with the branch of service he was in and contact veterans affairs it will depend if she meets the guidlines on how long they were married. I have heard of multiple exs getting part of some of these guys retirement.
It takes a longer than a 5
It takes a longer than a 5 year marriage to be entitled to the spouse's military retirement. I don't recall the exact length but I'm sure you can find it online. I was in the military as was my ex and we were married 6 years. I was not entitled to a portion of his retirement - not that I was interested in it - I just recall that that was the case.
Here's an article that explains how it's calculated:
http://www.military.com/benefits/content/military-legal-matters/uniforme...
I believe she is entitled to
I believe she is entitled to it...
My parents divorced over 30 years ago, and my mom never remarried...Not only is she getting some of my dad's retirement, she's also getting back child support and his VA benefits (health, dental, vision)...
That's just our experience...
For no longer than they were
For no longer than they were married, it is going to be a minimal amount, if any. It would only be for the years they were married, not his entire retirement accrual period.
Im pretty sure the term is 10
Im pretty sure the term is 10 years for an ex spouse to have any claim on retirement benefits. I would have him talk with the legal department at seperation just to make sure.
All other benefits should only transfer to the child, not ex.
She cant get a thing if only
She cant get a thing if only married 5 years, its minimum of 10 years being married, unless KIA
We talked with an attorney
We talked with an attorney and chances of her getting anything are SLIM. Anybody can try to sue somebody he said so there's no preventing that. But she has no legal ground to stand on in this case. Just thought I would pass this along for anyone in the same situation.