May 19, 2009 • June Walbert
Q: I am going through an acrimonious divorce. I have 12 years in the military, five years of it during my marriage. I have been a traditional Guardsman during that time, although with multiple activations and deployments. Is she entitled to a part of my military retirement, should I reach that milestone? We both have retirements of nearly equal amounts in the civilian sector.
-Mark, Middleboro, Mass.
A: I’ve noted here before that your military retirement, or at least up to half of it is at risk during a divorce. It is marital property just like a bank account or piece of real estate. How that is calculated is a function of your divorce agreement, so make sure that you have an attorney that is familiar with the military, military retirement, and the value that it represents. Best of luck making it through this tough period of your life. And, thank you for your service to our nation.
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