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I agree. How many women do anything and everything to get married just to have access to military benefits and never have to worry about working? Exactly what does a spouse sacrifice? She has access to everything, including educational services on post. If you choose to have children and be a stay at home mom watching Oprah everyday, thats on you. If you choose to cheat on your spouse while he's deployed, you deserve to be kicked to the curb. This topic is a joke, because I have yet to see a soldiers wife/husband in the field or deployed for a year in afghanistan/iraq. The benefits belong to the soldier and I know for a fact that the 50% retirement benefits is a myth. Go see your personnel office or ask me how I know.
The benefits belong to the soldier and I know for a fact that the 50% retirement benefits is a myth. Go see your personnel office or ask me how I know.
I know several Soldiers that will disagree with you, it is in the process of changing and has changed over the years....
I know several Soldiers that will disagree with you, it is in the process of changing and has changed over the years....
The personnel office has paperwork clearly on display stating that the 50% retirement pay is a myth and there is no obligation for the Army to give the spouse a dime. I know this because my father, 21 years in the Army, is divorcing my mother and I called to get clarification. Retirement pay is settled in the civilian court.
Because nce you remarry agian your no onger a dependent. That is the key in many thigns in life where yuou are a dependent. Otherwise we would pay more to those who remain single to eqaute the cost of the members.
The personnel office has paperwork clearly on display stating that the 50% retirement pay is a myth and there is no obligation for the Army to give the spouse a dime. I know this because my father, 21 years in the Army, is divorcing my mother and I called to get clarification. Retirement pay is settled in the civilian court.
You are correct, SignalOfficer1979. An ex-spouse may petition the civilian court to split the spouse's military retirement pay. The mlitary finance office merely obeys the court order. And there is a rather involved discussion about the merits and features of the Ex-Spouse Protection Act. Personally I know military members who SHOULD be giving their ex-half of the pension. And I also know ex-spouse who don't deserve a DIME of it. That's life.
Last edited by Crew Chief; 01-07-2011 at 10:43 AM..
Reason: Proofread better the second time...
The personnel office has paperwork clearly on display stating that the 50% retirement pay is a myth and there is no obligation for the Army to give the spouse a dime. I know this because my father, 21 years in the Army, is divorcing my mother and I called to get clarification. Retirement pay is settled in the civilian court.
And your point is what? If it's a civillian divorce, that is settled outside the military...as CrewChief said above...the military will follow the court order...and if your mother wins the decision....she will get something of your dads retirement pay....
If you re-read my post, I said it is a changing process...your dad is currently in the Army...my friends have been out for many moons..... and they will still disagree with you...
If you choose to have children and be a stay at home mom
This is a choice usually made by both spouses, together as partners and parents. There are benefits to the working spouse to have his or her partner be a stay-at-home parent. Please don't make it seem that the non active duty spouse who does not work is a lazy ass bum who sits around all day doing nothing. Couldn't be farther from the truth for the stay at home parents (female AND MALE) that I know.
I'm sorry to get off topic but I get really sick of the "the wife who stays behind and does not work must be fat, lazy, cheating and scheming for ways to get more money out of her husband" attitude. Its sick and serves no purpose in these discussions but to stir the pot.
All that said, I still very much agree the ex-spouse should lose dependent benefits if remarried. Like I said before, they are not vested 20 yrs in active service like the service member.
And your point is what? If it's a civillian divorce, that is settled outside the military...as CrewChief said above...the military will follow the court order...and if your mother wins the decision....she will get something of your dads retirement pay....
If you re-read my post, I said it is a changing process...your dad is currently in the Army...my friends have been out for many moons..... and they will still disagree with you...
Whats with the attitude tough guy? The point is that there is no set percentage or guarantee that the spouse will receive any of a soldiers retirement. Understand now or do I need to break it down further?
Also my father has been retired for over ten years so again, you don't know what you're talking about. What proof is there that the "process is changing" or will change anytime soon? Because everything in the military happens instantly and doesnt take a decade to implement.
You are correct, SignalOfficer1979. An ex-spouse may petition the civilian court to split the spouse's military retirement pay. The mlitary finance office merely obeys the court order. And there is a rather involved discussion about the merits and features of the Ex-Spouse Protection Act. Personally I know military members who SHOULD be giving their ex-half of the pension. And I also know ex-spouse who don't deserve a DIME of it. That's life.
Thank you for understanding my post and I agree with you completely.
Whats with the attitude tough guy? The point is that there is no set percentage or guarantee that the spouse will receive any of a soldiers retirement. Understand now or do I need to break it down further?
Also my father has been retired for over ten years so again, you don't know what you're talking about. What proof is there that the "process is changing" or will change anytime soon?
First BIG GUY....please show me where I said a percentage....plesae do that....you said the 50% was total BS.....I said some will disagree with you...I did not give a percentage.....you did....BIG GUY....
Quote:
Originally Posted by SignalOfficer1979
Because everything in the military happens instantly and doesnt take a decade to implement
Glad I was not drinking when I read that because I would have spit what ever I was drinking all over my monitor.....Thanks I needed the laugh....
Straight from the USFSPA Frequently Asked Questions
The court can only divide the "marital portion" of the pension, that is, the portion that was earned during the marriage. The rest of the pension (that earned before marriage or after separation or divorce) is his separate property. In addition to this, the Act says that no more than half of the pension can, under most circumstances, be divided. Many states presume an equal division of all marital property, including retirement rights. Other than this, there is no way of telling how much marital property will be awarded or how much of the pension will be granted to you.
Just a TAD bit of research on your part will help you out.... Is this proof enough for ya....
In the late 1970s and early 1980s, various state courts began to treat military retired pay as "community property," often awarding a portion of the pay to the former spouse. One such case from California finally wound its way through the federal courts to the Supreme Court, who ruled in McCARTY v. McCARTY, 453 U.S. 210 (1981), that federal law did not allow retired pay to be treated as joint property.
Times are changing....
Contrary to popular belief, there is no "magic formula" contained in the act to determine the appropriate division of retired pay. A state court can divide retired pay in any way it chooses (subject to the laws of that state). For example, it would be perfectly legal for a court to divide military retired pay 50/50 for a marriage that only lasted two months (again, subject to the laws of that state). A state could also decide to award a majority of the retired pay to the former spouse, if the state laws allowed such a division. Conversely, a court may also choose to treat retired pay as the exclusive property of the military member.
BTW your not talking to some joe blow....I am also retired Army and have read into the regulations very deep.......
A quick little story....
I pay child suppoort, this is taken out of my retirement pay....I called my attorney who did my divorce back in 1997 (just called last year) the first thing he asked me was "did we put wording in the divorce so she could not get any of yuor retirement....I said yes!!! we were only married for 6 years.....
SO I amy know a little bit about this, whether you belive it our not....
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