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Asked 1/20/2011

Wife abandon me, does that aid me in our divorce settlement?

My wife and I married for 35 years now divorcing, can she get part of my military retirement and disability? we both work for the govt. I make twice as much as she does, I know child support is a must but do I have to pay alimony as well?

 
 
 
 
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Answer 1/5 - Submitted 1/20/2011

I have no knowledge regarding the law in this matter, but I think that because she worked too that she shouldnt be entitled to alimony. Now if she had not worked during your marriage she would be. Sorry I dont have more facts for you. I'm sure somebody will hop on here that does know. you might want to add what state you are in, cause different states have different laws. *hugs* and all the best to you. You must be hurting if she left you after 35 years of marriage.

 
 

Answer 2/5 - Submitted 1/20/2011

Regardless of abandonment, I suspect your wife is entitled to alimony if you make twice as much. She absolutely is entitled to a portion of your military retirement, unless she agrees to forfeit, and what would be the odds of that? The award of retired portion for a spouse depends on the state, but you are probably looking at 50% of your military retired pay. BUT your disability pay is off limits UNLESS you agree otherwise. Make sure your divorce settlement agreement specifies that your disability is off limits.

My ex- called me within a day of my official date of retirement to let me know he’d filed. I went to the base and talked with legal. We had been separated many years and were in different states. The young active duty lawyer on base knew virtually nothing. I called the number for the VA counselors and services that they gave me when I went to my transition assistance program before retirement. They gave me the name of a lawyer at Ft Sam who worked with the Wounded Warrior programs. She gave me lots of good advice, and gave me the number of a lawyer in California (where he filed) who was experienced with military issues. It is crucial to have a lawyer with such experience. My lawyer went to regular training/meetings on military issues such as benefits and entitlements.

If you did not appeal your initial VA disability rating, it would be a great idea to revisit it. Go to a VA counselor who specializes in assisting members with claims. I usually go to the counselor at the Medical Center on base in the city where I retired. It’s like a game. VA can wear you down, and some members don’t follow through, so they don’t have to pay. NEVER settle for your initial rating. AND the more you get awarded, the less your wife will get a percentage of. In the next 5 yrs or so, we will get full retired pay AND full disability pay, so at that point she’ll get her percentage of your full military retired pay.

 
 

Answer 3/5 - Submitted 1/21/2011

Yes. Based on the military law she is entitled to a percentage of your retirement if she applies for it.

 
 

Answer 4/5 - Submitted 1/24/2012

My wife left me and refuses to come home after two months of marriage. She didn't even let me know she had surgery today. I don't see how she should even be able to think of deserving any money or anything else if she left you. You are the better person. Don't look in the rearview mirror too long, you will crash.

 
 

Answer 5/5 - Submitted 1/24/2012

She left you and the only way she is entitled to your military retirement is if you accepted VA disability in lieu of retirement from the military. The other direction I would point you is to a VA representative at the toll free # 1-800-827-1000.

 
 
 
 
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