Divorce in the Military: Can My Spouse Take My Military Retirement or VA Disability Benefits?

[@eddieBoxer]

Spent 20 years active service after retirement filed for divorce in New York ex wife lived in TN, she was given a subpoena to appear in New York court she failed to appear so I won my divorce she gets none of my retirement pension, thank you Jesus.

[@lowbloodprsure]

YES!!!!

[@em34ev3r]

thank the Lord!

[@PoorMan84]

Blessings

[@boulderingbadger6179]

*slow claps*

[@Woodylights]

your lucky my ex divorced me after I retired from the military and took 42 percent. she always said she would take as much as she could, and she did, the house, car and furniture...

[@mikeg6311]

This needs to be taught in high school and basic training and first duty station. Bottom line, you work hard for you military retirement and it's worth a lot money. Don't give it away to someone you don't like. Talk to a lawyer, get a prenup and protect that retirement.

[@brianharrington-ws2kj]

MILITARY RETIREMENT IS NOT WORTH A LOT OF MONEY I ONLY BRING IN 20 K PER YEAR WHICH HAS TAKEN ME 17 YEARS TO MAKE i WAS MAKEN CLOSE TO 30K WHEN i GOT OUT SO DO THE MATH

[@mikeg6311]

@brian harrington LOL Most people make $25K MINIMUM in retirement. $30K+ is what most people get. That's free and clear for life. Plus you get VERY affordable health insurance and life insurance and a ton of other benefits. AND Let's not forget the VA claim after you retire. Most people do very well with that. I've done the math. I haven't worked in a year because I'm actually making more in retirement.

[@MikeS-7]

Women are trained early in ways to extract resources from men. Then the hen training occurs where women collude with other women to inform other hens how to extract a man's wealth through rigged women's court system laws.

[@horsdecombat007]

I pretty sure a prenup will not protect you, the Federal government has made the division of retirement pay and benefits almost automatic if you are married more than 10 years.

[@brianharrington-ws2kj]

military retirement is not worth alot of money i went from 30 k while active to 8k when i retired in 06 now i bring in what if brought in as e4 at 22 year cruently by the time i die then ill might see 30 k per year where as an e5 active will bring close to 60 to 90 k per year

[@codis1625]

I did my own divorce in Californistan in 08. I was only married eight years and the lawyers book that I used said my ex-wife was not entitled to any of my military retirement/social security because we were not married over 10 years. I’m not gonna complain.

[@darkreigncometh]

That sounds about right. 10-10-20 I think it was called. I didn't get married until 2 years after my retirement.

[@glendacastillo6504]

Ditto. Divorced after 7 years. Don't wait too long. If it's bad, get out.

[@HTG444]

22yr Veteran, divorced in NC which is a “no fault” state. Regardless of her adultery and shady acts, the judge gave her 42% of my retirement. Even had to pay child support for son that she lied about being mine. Hind sight is 20/20, protect your sacrifice and finances with a prenuptial or lose it like the rest of us. Most of Ft Leavenworth homicide inmates committed on significant other cheating ect. The system is not equal nor fair, so again protect yourself.

[@em34ev3r]

wow, thank you for the wise words brother.

[@tleonidas73]

So you telling me the government is paying your alimony, interesting. But they give you money for your dependents anyway and your children are forever your children

[@glendacastillo6504]

I was married to another active duty who's a cheater. We both agreed not to claim each other future retirement. I'm glad that I have what is mine. I retired, and he got kicked out in the Air Force.

[@krystlegreen3743]

Oh wow… sorry that happened to you.

[@krystlegreen3743]

⁠@@glendacastillo6504did your spouse get kicked out because they cheated or other reasons?

[@myramakelim1252]

When my parents were divorced, my dad's military insurance pay was granted to my mother in the divorce decree. When my father passed away, the money was paid to his new wife. When I called the DOD, I was told that the federal government trumps the divorce decree.

[@brianharrington-ws2kj]

INSURANCE AND PENSON ARE 2 DIFFERENT THINGS

[@brianharrington-ws2kj]

HE WOULD HAD ELECTED SGLI WHICH IS SERVICE GROUP LIFE INSURANCE WAY DIFFERENT FROM THE INSURANCE POLICY IF HE WERE ON ACTIVE DUTY I HAVE SGLI ALONG WITH OTHERS THIS WILL GO TO MY SON NEEDLESS TO SAY HE WILL BE FAT LIKE 4 MILLION FAT

[@herbertmitchell925]

I be Damn 😮😱😤

[@lowbloodprsure]

Nice.

[@jameskikirkwood3964]

The 10 year rule suck, I been divorced 22 years and I'm still paying for it 12 years married and no children only way it stop is I got to die or her really. This rule needs to change. I just got a disability increase and my ex wife got a increase all so .Really this is not a fair deal

[@herbertmitchell925]

Damn Skippy 💯

[@apoloestrada2908]

Yes, it sucks

[@lowbloodprsure]

You know what you got to do to "end" it.

[@brandonhill3746]

@@lowbloodprsurelmfao take her out? Lol

[@dimitri652]

Dude you can't complain about the rule when you didn't do your own research and you thought that your marriage was gonna last forever. I'm sure they was ppl who told you not to get married but you thought you knew better than them.

[@reidbw]

I agree of a spouse was traveling with military member and providing moral support should receive something. But if they started I. Home state then they deserve nothing.

[@michaelkcuzoma5311]

This is so knowledgeable ! Well appreciated ❤

[@troyanthony1992]

Noell you are gorgeous and provide helpful information

[@johnlewis195]

100 percent disabled and I retired after 22 years...thank u Lord

[@roadtrekralph311]

With this knowledge, you can help many Veterans and their spouses. Did you happen to mention CRSC?

[@jimmyraya8746]

What do you do if your wife that is in the military and ask for a divorce without any explanation while deployed. What protects the family members at home for abandonment

[@shered13ify]

Looks like she was more than likely having an affair and had thr backing of her unit in order for her to pull everything off. I have been there, but my ex apparently forgot I'm a vet so I too know the ends and outs. You're going to need to reach out to a lawyer who knows the military regulations.

[@raymccarty4612]

You were better off for the advance notice. people should make their own way in life and not scalp off of other's careers.

[@brianharrington-ws2kj]

JUST LET HER GO AS FOR ABANDONMENT IT WON'T FLY DO TO MILITARY ORDERS TO DEPLOY ABANDONMENT IS ONLY WHEN SHE IS HARDLY AROUND WITHOUT ANY MILITARY CALL FOR DUTY DESPITE YOU ARE ON DUTY 24 HOURS AND CAN BE CALLED INTO ACUTAL MANDATED DUTY AT ANY TIME IE DRILLS DEPLOYEMENT NATIONAL EMGERNECYIS ETC

[@krystlegreen3743]

@@brianharrington-ws2kjwhat if your spouse moved out a month after you had a 3rd baby with them? He had me filling out divorce papers 3 months postpartum. He moved into another house for a year then returned to the marital home but he still wants a divorce. We have been married 9 years and he makes 20 years in January. He admitted to seeing another woman.

[@TroubleActual]

Slow DOWN!!! My TBI is not allowing me to follow. If we separate from MILITARY 2013 (4yrs active, 8yrs part time nat guard, and 4yrs full time guard), and then diagnosed by VA 2019 with 30% disabilities, we can collect retirement????😮

[@blacksailorman6525]

I'm the veteran I served not willing to gamble with what I have earned. Solution don't get married if she can't deal with that walk away gracefully😎

[@babsinny]

🤦‍♀️

[@glencobbs6067]

😂

[@Confessions089]

​@@babsinnyjust don't get involved, it doesn't end well with this type of person anyway.

[@jammyb90]

👍👍

[@MikeS-7]

The laws are rigged to enrich women and often the state.

[@ralphpratt9671]

Has the case about CRDP been (around the 8:00 min mark)settled yet? If so what was the outcome?

[@lt5771]

My semi wife was a school teacher we agreed that she can keep her teacher retirement if she dont claim my military retirement. We agree and its in the divorce papers

[@davebourdon3258]

Awesome info. Thank you!

[@randytroxell4974]

Having been in the military and going through a nasty divorce, I would encourage any military member to read the “ handbook for attorneys “ I believe it’s on the OPM website. I dealt with attorneys and courts, and the government itself who were ignorent on what qualifies as a court order acceptable for processing. I ended up writing out my own orders ( if you were civil service and guard/reserve, you will need 2 separate orders). Don’t count on the lawyers and courts to know what is needed!!!

[@lesterleonard8750]

Ashley, where are you? I have not seen any new videos from you, are you still in the Airforce, and do you still do what you do. I’m a 27 year veteran who learned from your videos keep them coming

[@odea8505]

Thank you for the information.

[@bobketteringham4779]

Great information. Thank you.

[@tleonidas73]

They can get up to HALF if they go through the procedure, I looked it up, the (USFSPA) is the law on that and the (DFAS) is who will be sending it

[@RetiredParatrooper]

Regular military retirees with a VA disability rating of 50% or greater are entitle to concurrent receipt of their full retirement and full VA compensation beginning in Jan 2004, (Concurrent Retirement and Disability Pay (CRDP)) and phased in, which was completed Jan 2014.

[@kh8641]

Now waiting on the video like this concerning child support. I believe it to be pretty much the same thing. I'm looking for the part of VA disabled (I'm Permanent and Totaled).

[@larrywillard9316]

THANK YOU 😂. VERY GOOD INFO.

[@MrGringorito]

Thank you, do you know what guidance states that about VA disability? Also, do you know if the judge is allowed to consider your disability pay when calculating child support?

[@GRIENGO1]

thanks trooper. Just showing some support. What happens if the supported spouse gets remarried?

[@TheJustralph]

OFFSET! my entitlement payments increased every January til last year when it suddenly decreased by $260.00. My ex n i do not communicate so my question is if i can prove he did an offset does he owe me the difference?

[@RetiredParatrooper]

5 years is NOT enough time married while serving for a spouse to be entitled to the service member's retirement pay. USFSPA allows state courts to divide a service member's retirement income using 10/10 Rule, which means they were married for 10 years and the service member served in the military for 10 years, the Defense Finance and Accounting Service (DFAS) may send a portion of the retirement pay to the former spouse.

[@johncoffman2703]

Great info. thanks

[@Rosco8485]

Is military medical retirement personal property or separate property after retirement if divorce happens after retirement?

[@donwenger]

All indeminfication clauses violate Federal law and even if the courts order them, they are not legally enforceable.

[@toddstanley3619]

HERE'S THE DoD ON DIVORCE. If you have been married for 10 years or more she is entitled to 1/2 of your pay whether active or retired. This change was made by Congress due to the number of women during the 1980s through the 1990s getting divorced after 5 years. Disability pay from federal courts is pay to the service member for their injuries suffered. The federal courts have said tye spouse is not entitled to that pay in the same as active or retirement pay. DoD regulations on divorce even stated it's for the service member compensation not the family. I found out about this while being the unit's Family Advocate NCO. We had 2 JAG lawyers & tge chaplain going through all of this. We found out that of all the branches of service only the army would not provide JAG assistance with a divorce. I'm surprised that this content creator is not aware of all I pointed out. These rules on military and divorce are changes that were made between 1995 & 2005. In 2011 what I stated was still in effect when I retired. The 1984 rule of 5 years was changed for the reasons I said in the latter 1990s. Which means she is using old information, misinformed, or straight up being dishonest.

[@the1bulldurham]

Didn’t catch in the video. Is the divorced spouse entitled to portion of VA disability compensation?

[@tleonidas73]

Those are my thoughts as well, that would be like social security splitting your check, now does that make sense

[@kha5693399]

​@the1bulldurham No. Disability is for the service member, unless they have a court order to pay child support and that is the only income. The judge can then order the service member to pay their obligations out of that.

[@LDSKIPPER1911]

@@the1bulldurhamno, VA disability is for the injured service member only.

[@the1bulldurham]

@@LDSKIPPER1911 The courts consider it pay and is added into the calculations for alimony during divorce proceedings. Would love to be proved wrong.

[@Gatorgetfresh]

Thank you Ashley

[@ashleynoelle]

Sure thing, Jermaine!

[@ameliacassiopeiapopescu1251]

Thank you so much!!! This is helping me in so many ways!!!! I love the way you explained this! More, please!! LOL :)

[@ashleynoelle]

Awesome!! I'm glad it was helpful for you, Amelia! 😊

[@heroinevoyages]

Great info thanks 🙏🏼

[@lyricvodochodsky4935]

Does the service member who wants the divorce need to file in the state they were married in, or can they do it in the state that they are stationed in?

[@brianharrington-ws2kj]

THEY CAN FILE IN ANY STATE IF YOU ARE SMART AND I FALIED TO MENTION THIS FILE THE PAPER WORK IN A NOFAULT STATE I WOULD DRAG OUT THE MATTER UNTIL YOU MOVE IE GET OUT OF SERVICE AND MOVE TO A NO FAULT STATE AND FILE IF YOU ARE THE FILER NEITHER PARTY WILL GET ANYTHING DON'T KNOW WHAT STATE YOU ARE IN BUT I KNOW HAWAII IS A NO FAULT STATE

[@lorettapennick8699]

Great info Ashley.

[@ashleynoelle]

Thank you, Loretta!

[@lionking68x]

There is no more offset for retired pay! it was ended by law, its called CRDP (Concurent receipt of disability/retired pay)

[@geekstradamus1548]

Think you need 50% rating, would love to hear if I’m wrong.

[@r.b.somers2052]

Excellent video. Thanks!

[@ashleynoelle]

Sure thing!

[@YouTubeU-o8z]

I am married and living in GA for 30 years, been 100% VA for 20 years, and SSDI for 14 years. Would my spouse be entitled to 50% of either?

[@stangedude5646]

My ex got none of my retirement. She was a career civil service, and I live a 50/50 state, so we left each others retirement alone.

[@emilionazario5238]

Don’t get married, get your pension first and when you do get married get an iron-clad prenup in Texas or Florida. If you have a degree make sure your wife has one or have something to loose. If you want kids have them by surrogacy, pay the lady to have them, make them sing an agreement and there you go. Once that is completed, get a vasectomy, and tel the urologist to make 4 cuts instead of 2.

[@timesofyourlife1]

How about just don't get married, it's 2024 and men are still getting taken !

[@todei79]

I need your help Ashley. He's the meat and potatoes. Married for 14 years. Separated (not legally) just physically. 18 years of AD service. Transfered to ANG as a title 32. Is the soon to be x spouse entitled to a portion my FERS? retirement?

[@aftech7268]

No ! why would they take disability pay of the disable !?

[@jerryking5203]

When do the payments stop? I have been divorced longer that married and she has remarried twice. Am I responsible for her forever?

[@ashleynoelle]

Depends on the divorce decree. The civilian divorce court controls those matters, so they would've set out those terms within the divorce decree.

[@clintonbrewer6368]

What is the law currently being debated that you referenced at the end of your video?

[@TheyCallMeJTK]

Can VA benefits be used for calculating child support?

[@jdw3575]

That was an outstanding vid. With respect to a "like" and "subscription", you are more than worthy!

[@stangedude5646]

The Senate passed a bill in 2018, which will give all retired vets regardless of rating compensation. However, they are still hashing out the details.

[@lucylululululu]

In Illinois they will use it in childsupport as income.

[@brianharrington-ws2kj]

it is illegal for a spouse to use child support for personel gain child support is for the means for a child and not the spouse she should be investigated for illegal use and go from there

[@puravida5683]

Moral of the story....don't get married! I am a retired field grade officer and disabled veteran. With tours in Vietnam, Iraq and Afghanistan. I was lucky in my divorce. I had vast financial and property assets. My ex-wife had minimum financial means, compared to my pre-marriage vast means. She filed for divorce, which drug out for 3 years. By then, she was happy to settle out of Court. She finally just settled for 10 years of alimony only. I smiled and jumped on that settlement agreement quickly! What my ex-wife and her attorney overlooked or didn't know. I was able to deduct my annual alimony payment from Federal taxes. And, my ex-wife had to pay Federal and State taxes on the alimony as income. Because we entered into a Settlement Agreement before December 31, 2018.

[@darrelldavison6920]

Good info

[@paulhernandez1475]

i have become 100% since 2019 i retired from res in 2014 with 20 years i was married 1996 to 2009 , will she get my retirement or will i only get va money ? she got a lawyer and i filled out paper work did he not know im only gettimg one or the other

[@brianharrington-ws2kj]

she only gets a small precentage however if it is not in the divorce decree ie requested by the person filing for divorce then she get s nothing as for the va com she gets none of that

[@nickelsamuel9641]

Great info

[@audiamonluk5356]

Can the former spouse remarry without losing benefits, such as health benefits and pension?

[@brianharrington-ws2kj]

it all depends as to how long that spouse was married to other one

[@davidwielt8549]

MY Ex wife is getting 600 dollars of my disability is that legal? and how do I stop her from that?

[@nohopeequalsnofear3242]

Wow...fantastic video.

[@ashleynoelle]

Thank you!!!

[@LoveConquersAll888]

I married a veteran last month he was married twice before , both marriages were less than 5 years. The ex’s aren’t entitled to anything right ?

[@ashleynoelle]

Not for that length of time, but what will control what an ex-spouse receives is what’s written in the final divorce decree from the civilian court.

[@LoveConquersAll888]

@@ashleynoelle ok i would have to ask him about that. Thanks so much for your time and valuable information

[@brianharrington-ws2kj]

NO BECAUSE THEY WERE NOT UNDER THE 10 10 10 RULE YOU CAN GOOGLE IT BY TYPEING IN THE MILITARYS DIVORCE LAWS OR 10 10 10 RULE

[@kaymasciale3105]

I was married to a 100% disabled veteran for 51 years. We have divorced. Will i get anything when he passes away?

[@viloladixtion1974]

The information you give is very very good.I am divorced from a Vet. For medical reasons .But by me have to leave for medical reason. He divorced me. We were married for 11 years he had ptsd and Vet.he was shot Vietnam and on his back for several months.He pass last year.

[@viloladixtion1974]

What do you think about this.

[@WomanMilitaryVeteran]

Excellent video! You are excellent at communicating complex topics! :)

[@ashleynoelle]

Thanks, Vanessa! I appreciate that! 😊

[@CoachDarren]

Thanks for this video very informative. But as human being Nobody should be entitled to another person's money in the case of divorce. This law was crazy when it was created and its still crazy.

[@shalom744]

How about if cheating is involved? It will be a compensation

[@davidmurray9844]

This video is outstanding, I’m going through a divorce after 40 years and my attorney said I’ll have to share half my disability pay with my ex.

[@akcornygirl]

You need a new attorney!

[@anitamorris9261]

My guess is you will be responsible for spousal maintenance due to lengthe of marriage. Disability pay is used to figure income for child support and spousal maintenance obligations and can be garnished for court ordered support. But it isn’t divisible as a marital asset. Nicolle should have added a bit about child support or spousal maintenance in long term marriages.

[@donwenger]

Disability compensation cannot legally be used to calculate support. Please disregard what anyone else tells you regarding that, as it violates Federal law. Don't let any attorney or judge try to tell you that the Federal preemption doctrine does not apply, because that is BS. Anyone who states that is either ignorant or lying. It doesn't matter if the case makes it all the way to your state's supreme court. If the court uses your disability, it is violating Federal la (38 USC §5301 and 38 USC 511). The person below who stated it can be used is wrong. Don't listen to anyone who tells you otherwise.

[@brianharrington-ws2kj]

YOUR ATTY IS HIGHLY WRONG I WOULD ASK TO SEE A COURT RULLING ON THE MATTER OR SOMETHING OFFICIAL NOT SOME JABER JAW ATTYS ARE ABOUT GETTING FAT POCKETS

[@Todaywithchar]

well that’s a long marriage

[@gerardobrown5967]

How abouth if you got maried 5 years after you retired from.the Military ❓

[@cnwil4594]

It doesn't impact your retirement since you were not married while in the military. However, if you are a Federal Government employee, spousal compensation could impact your retirement and survival benefits if you were to divorce your spouse within a certain time frame.

[@saltlife8221]

None of this matters in child support situations.

[@karamelqt73]

I was married to an abusive service member. He agreed to everything including the pension but the state fubar'ed the verbiage so dfas wouldn't honor it.

[@brandonhill3746]

They should’ve his disability pension is his something that was given during injury, no other human has a right to take something from someone that they have gotten

[@dimemomm7863]

If my mom gets half of my dad's retirement by court order and the order states a certain amount, say like $850, does she get a raise each year with his? Please explain.

[@brianharrington-ws2kj]

THE RETIREMENT REQUEST MUST BE IN THE DIVORCE FILING NOTHING AUTOMATIC

[@dimemomm7863]

@@brianharrington-ws2kj no they don't get any raises. It's whatever it was at the time of the resolution they aren't entitled to nothing after. I found the answer.

[@Ashley-id2cb]

As a soldier, is it best to get a civilian lawyer or JAG lawyer to handle cases? Or would they work equally for the soldier or spouse?

[@akcornygirl]

Civilian. JAG can give you info and help with forms but they can’t actually represent you.

[@brianharrington-ws2kj]

THE ONLY TIME A LAWYER SHOULD BE INVOLVED IS WHEN THERE ARE HIGH VALUED ASSETS AND HOW ANY PROPERTY SHOULD BE DIVIDED PROVIDED THE HIGH VALUE LOOK AT THE LAWS OF THE STATE IN WHICH YOU ARE IN THIS IS AND EXAMPLE IN CA THE SPOUSE CANT TOUCH ANOTHER SPOUSE INHERANTANCE AND IF THERE IS PRENUPTIAL ARGREE MENT THAT AGRREMENT MUST BE HONRORED A PRENUP IS A BASICLY A MARTAIL CONTRACT......

[@donwenger2616]

Military Retired/Retainer pay is not earned until the day the servicemember retires. It does not accrue. See DoD 7000.14r, Vol 7b, Chapter 29, Par 290614 where it states: The designated agent cannot honor awards based on the value of the member’s retired pay that has “accrued” during the marriage because military retired pay does not accrue over time. Military retired pay is not a pension. Rather, it is a statutory entitlement computed at the time the member retires and it is based on the member’s rank and total years of service at the time of retirement, or member’s high-3 and total years of service. The USFSPA is technically not legal, but nobody seems to care.

[@brianharrington-ws2kj]

THE RETAINER IS FOR A PERIOD OF 10 YEARS HOW EVER IF A MILITARY PERSON IS ILL OR HAVE SERIOUS HEALTH PROBLEMS WHILE IN THAT 10 YEAR PERIOD THAT PERSON WILL NOT BE SUBJECTED TO RECALL I DEVLOPE SERIOIUS HEALTH CONDITIONS WITHIN THAT WINDOW ALSO THE WISH I HAD GOTEN RECALLED SERIOUS BACKPAY WITH A PROMOTION TO A HIGHER RANK AND RETIRE AGAIN LOL ANYWAY I DID THE DELAYED ENTRY PROGRAM IN FEB OF 86 I WAS OFFICAL RELEASED FROM THE NAVY ON MARCH 1 7 2018 ONE YEAR TO THE DATE THAT MY FATHER HAD PASSED AWAY BUT MY NAVAL DISCHARGE DATE WAS IN JULY FOLLOWING THE JULY4TH WEEKEND OF 2006

[@yudymoody5328]

I meet 20/20/20. My question is can I also get dental? Thank you.

[@jefferypfister6499]

Strong accurate content

[@deonthomas4895]

What if we are both in the military i retire at my 20 year mark and she decides to get out after 12 year mark is she still entitled to half of my retirement?

[@ashleynoelle]

Hey Deon! If your marriage overlaps for those 20 years of your service, then yes, your spouse could end up being awarded up to 50% of your retirement. However, as I mentioned, what she'll actually receive will come down to what the civilian divorce court orders. So if you want to try to negotiate for something different, you should speak with your civilian divorce attorney about your options.

[@brianharrington-ws2kj]

no only because you did not do the 20 20 20 date of marrage to date of entry of military to discharge date lets say you did 18 YEARS OF SERVICE AND GOT MARRIED ON THAT ANAVERSTY DAY AND MARRIED FOR 2 YEARS ONLY AND GOT DIVORCE NO ONE GETS ANYTHING I GIVE YOU AND EXAMPLE I WAS IN THE MILITARY FOR 20 YEARS I GOT MARRIED IN MY 9 TH YEAR OF SERVICE GOT DIVORCED IN 2008 2 YEARS AFTER COMPLETING 20 YEARS OF NAVAL SERVICE SO FROM 1993 T0 2006 ACTUALLY MARRIED FOR 13 YEARS WHICH MET THE PART OF THE 10 10 10 RULE TO THE 20 20 20 RULE FULL ENTILEMENT THE 13 YEAR MARKER MET THE FIRST TWO PREVISONS OF THE LAW 10 YEARS MARRIED WHILE IN SERVICE AND 10 YEARS OF SERVICE YOU CAN GOOGLE TO THE 20 20 20 10 10 10 rule she would had gotten at least 20 precent of my retirement but i would had ask for 40 precent for spouses support when in which i get back my full retriement plus 20 precent of her pay but this is only if it is requested in the divorce decree....

[@patrickvinson4542]

Thank you so much! This was good info.

[@ronaldprovencher7570]

Sorry to say they can .. most state consider they earned it with you ..

[@kha5693399]

Not disability. That does not come from the miliary.

[@priscillacacciotti8981]

Ashley, great video and thanks for the info. Do you have any updates to that case you were referring to about CRDP lawsuit? My husband's ex was awarded a portion of his retirement, but he was medically discharged (MEB) at 20.5 years. DFAS sent her a letter stating all of his retired pay is disability pay so they won't be paying her. However, he was served papers last week to appear in court because she is trying to get her portion of retirement through the courts. Thanks for any info/references.

[@brianharrington-ws2kj]

GOOD LUCK AT HER END IT WON'T GO THROUGH BECAUSE HIS PAY IS FEDERAL PROTECTED UNLESS THERE IS A COURT RULLINNG BY THE SUPREME COURT STATING THIS NO JUDGE CAN OVERIDE A DECISION ONCE MANDATED EITHER BY THE STATE SUPREME COUTRT OR THE ACTUAL SUPREME COURT THIS IS KNOW AS A COURT PRECEDENT WHICH IS A COURT RULING ONLY THE SUPEREME COURT CAN OVER TURN A STATES RULING AND CONGRESS CAN OVER TURN A SUPREME COURT RULING

[@donwenger2616]

Chapter 61 (Medical retirement) is 100% off limits, as it is not considered "Disposable Retired Pay" as defined in 10 U.S. Code § 1408. You husband's ex is SOL. If the court requires him to indemnify her, the court is breaking the law. There are no legal workarounds

[@billsnyder2678]

Remember the money stops when Veteran passes

[@jeanalexlaurent2599]

My AIT is going to be more than 50 weeks, Is there anything that allows me to be with my spouse during AIT?

[@brianharrington-ws2kj]

NO CAN DO MR MIGO

[@eddieBoxer]

My advise please do not get married, its dirty politics when getting a divorce just have a girlfriend and no kids any problems which might flare up later you can always roll your carpet and move and keep all your money and benifits.

[@michellehutchinson9084]

I believe that I qualify for the 20/20/20...who do I reach out to verify and to continue other benefits after divorce?

[@ashleynoelle]

The DEERS office at your nearest installation may be able to help.

[@brianharrington-ws2kj]

SHOW EVIDENCE

[@brianharrington-ws2kj]

YOU MUST SHOW YOUR ENTRY OF SERVICE PAPER WORK AND MARRAIGE RECORD ALONG WITH YOUR DIVORCE RECORD AND DISCHARGE PAPER AN EXAMPLE YOU GOT MARRIED AFTER BOOT CAMP OR EVEN BEFORE BOOT CAMP AND YOU AND YOUR SPOUSE WERE TOGETHTER DURRING YOUR 20 YEAR PERIOD OF SERVICE THEN SHE GET THE FULL DEAL IE BASE PRIVILAGES HEALTH CARE THROUGH TRICARE AND MAYBE THE VA HEALTH CARE AS WELL ALONG WITH THE ID CARD AS WELL and 50 precent of pension but you can ask for spouses suppport as well so it is not a major loss and prize number 2 she uped her income tax bracket which means her normal refund just got reduced or might end up owing more money for taxes at the end of the year and women rather have money then owe

[@simonmartinez8480]

I had a commander who had a wife that timed it perfectly and waited until 10years to file the divorce so that she could get 50% of his retirement in the year he was planning to retire … And she was a stay at home wife with 1 kid throughout the entire marriage…think about that

[@brianharrington-ws2kj]

THEY HAD TO BEEN MARRIED 20 YEARS OR HAD FALLEN UNDER THE 10/10/10 RULE

[@donwenger2616]

The 10/10 Rule only allows DFAS make direct payments to the Former Spouse instead of the servicemember making the payments. There is no minimum amount of time required for a Former Spouse to get free money from a servicemember. It can be as little as 5 years (or less). I don't know where people get this crazy idea that the marriage must last 10 years overlapping service in order to get a portion of the retirement. I wish people would stop spreading such garbage.

[@kayp4601]

She is also entitled to half of his social security. It will not affect his, but she will get half of what he earns since they were in a long term marriage.

[@donwenger2616]

Not exactly accurate. She will get half of the amount he gets, not half if his. For example, If he receives $1800/month from SS, then she will receive $900, but that will not be taken out of his portion. Also, she will get it when she reaches the required age, not when he becomes eligible (assuming he is older).

[@kayp4601]

@@donwenger2616 I know. I work for SSA.

[@SNAKEEATER1776]

I bought my ex of ten years out of my pension. When I retire, what I’ve earned is 100% mine.

[@jorgebedoya7647]

how did you do that?

[@SNAKEEATER1776]

@@jorgebedoya7647 I negotiated an upfront payout (payment starting as soon as we separated), rather than her having to wait 10 more years until I retired to receive payment. She would have had $680/month indefinitely (till I died, or if I lived to be 90, 52 years of monthly payment) but she wanted money now, so I offered her $500/month for 12 years. I paid her off the remaining balance when I sold our old house. I am not financially tied to that woman anymore.

[@miket7756]

@2:28 is there more details on how the overlaping retirement pay is actually calculated? If service member was in 20 years but married for 5 years middle of the term, is it something simple such as divide you ending retirement pay by 4 to capture 5 of 20 years then divide that portion by 50%? Or it is something in greater details as in between those prior years of service, the member held the rank of .... and during those years he earned a total of .... which equates to .... part of the overall retirement then thats divided by 50%? Just seams extremely difficult to capture time to determine how much retirement was earned many years before they actually retired.

[@brianharrington-ws2kj]

only if the any pervison of the 10 10 10 rule was present other wise that person gets nothing if that person was at the full helt ie 20 20 20 then that person gets the full package

[@SuperFriday]

Do you know 38 CFR?

[@glendacastillo6504]

Be smart and divorced before reaching 10 years. If it's bad marriage, don't stick around. I got my full retirement and VA benefits. Don't have to pay survivor benefits for a wortless man.

[@amonlukmakaratad3284]

Hi Ashley I have question about pension for 20/20/20 rule divorced, if former spouse has remarried, Does she or he will loose that pension or not ? Please advise. Thank you so much .

[@ashleynoelle]

How much of the service member's pension that the former spouse received is determined by the civilian divorce court. So the former spouse would be entitled to whatever is written in that court order. I've made a follow-up video that goes over this here: kzbin.info/www/bejne/ppS4p5WqlMaHmpY. I hope this helps!

[@apoloestrada2908]

Absolutely, yes, if you are married for at least 10 years and your spouse fights you through court with an attorney.

[@tleonidas73]

So can someone get part of your social security check. Where you find your answer, I would like to see what you found because you said absolutely, so I know you found it and are not just responding off of feelings. Found it

[@gh00stbeard]

Yes. Get your crap into the OPM as soon as you get your decree.

[@LiamGardner-u9k]

Let me guess for women the judge will say no to the man in taking her VA retirement, and turn around in the next case and let the women take the man's VA millitary retirement funds, yup have to love the double standards..

[@thomascook3734]

What happens if the wife gets remarried,will I get my retirement money back.

[@brianharrington-ws2kj]

no

[@brianharrington-ws2kj]

the spouse cannot a persons va benits but a spouse can recive a precentage of a person retireminent it is called the 1o 10 10 rule but the military not so i was married for 15 years got married in 93 aot divorce in 2008 if she was to collect my retiremeint she whould get 20 pprecent only 50 precent applesis if you were married 10 years and had srved 10 years if a spouse were married 29 years then the soose will get 50 precent as for disability you must file within 1 year after service anything after claim dnied must have the medical evidence in support of your claim now if you were in a nofault sate the spouse gets nothing alsif the spouse wants part of your retirement it puts you in lower income bracket and you clan ask four spouses support another thing is it will put your spouse in a upper income tax bracet and lowers yours

[@gracewong-becker9250]

If a person receiving 100% Veterans Disability benefits dies, will the spouse's free medical care continue? If a person receiving 100% Veterans Disability benefits dies, the spouse cannot continue to receive it, right?

[@JamesWhite-mb8mg]

Ex was a former service member and legally entitled to 50 percent of my retirement. I took a special separation bonus and left with a 60K cash out which delayed my disability pay until the bonus was recouped. She never got a dime and by the time I started receiving disability payments. I won and she literally died trying to get my money. I won in spite of her greed and spitefulness. I found the loop hole. I refused to give her half of my retirement or anything else...😂

[@Viktor-xg8hm]

Retirement benefits. Yes. Half of it.

[@constantinmilitaru]

This is unbelievable….

[@user-tg1qj8oz8n]

I have a question. I have a friend that is entitled to her husband military benefits after their divorce. He won’t sign for her to get a military ID so she cannot get on post. He will do nothing to help her sign up for her benefits. She isn’t a rich person to go out and hire all these lawyers to help her. Do you have any suggestions I can give her? She is older and has problems processing all she needs to do.

[@ashleynoelle]

Hey there, Debbie! If the husband is still in the military, I would say a helpful resource would be his First Sergeant. I’d suggest she reach out to them. If she doesn’t know who it is or how to find them, Google the contact info for the installation’s command post and ask to be connected to the husband’s unit’s First Sergeant. If the husband is out of the military, she should reach out to the nearest installation’s DEERS (Defense Enrollment Eligibility Reporting System) office. Again, a quick internet search for the contact info should be able to get her there. Explain to DEERS the situation, and they should be able to help her. Hope this helps!

[@brianharrington-ws2kj]

SHE IS ENTILTED ONLY IF THE SHE FALLS UNDER THE 10 10 10 RULE OTHER THEN THAT NOTA

[@1jamyardie281]

bottom line dont get married...or get a prenup ..get everything in your name before you get married and get your pension first before marriage. the last thing dont have a child unless u are 100% because the US courts are not in your favor. good info

[@kimtomlinson5777]

Hi, I was wondering if I am entiteld to any of me ex husbands military retirment because i have not remarried .We were married for 27 years in which he was in the military the entire time. I was told he had to list me as an ex spouse and that I should be entitled to some form of payment because I was not remarried.

[@sondreajohnson6646]

Spouse should get a job point blank period! 😫 we the only place have child support

[@blakejargon]

Gentlemen, spouse can take your va compensation too. Its called an apportionment.

[@DaveyD71]

Completely WRONG! Investment accounts are not split 50/50. Retirement accounts are added together and the total is divided 50/50. Basically, if spouse A has $40k, and spouse B has $50k. The difference is $10k and spouse B owes spouse A $5k. Simple.

[@jackjack-lq4de]

Cheaper to keep her.