Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Angela Foy

Attorney, Cordell & Cordell

Clients of mine who are either active or retired military usually want to know if their ex-wife is entitled to half of their retirement benefits.

This is of great interest because in most divorces involving military service members, military retired pay is the largest asset subject to division.

So is it mandatory that she receives a portion of your retirement benefits?

Question:

My wife wants to move out of state with our daughter to go live with a friend. She said she doesn't want a divorce because we have military benefits.

Can I keep her from leaving the state? Should I file for a divorce?

By Angela Foy

Attorney, Cordell & Cordell

In most divorces involving military service members, military retired pay is the largest asset subject to division. The military has many rules and guidelines regarding its retirement including when someone may receive it. The answers vary depending on your years of service. 

As military members are probably aware, in order to qualify for retired pay benefits, you must serve a minimum of 20 years of credible service.  Military pay is awarded to a former spouse only if, as, and when the service member would receive it.

By Molly Murphy

Attorney, Cordell & Cordell

Military families are those that consist of one or both parties being active in the military.   Military parents going through a divorce have more rights and options than they might think when they begin an action in the family court. For purposes of this article, this does not include one or both parties being active in the National Guard.

Question:

I will be receiving the post-9/11 G.I. bill and with it Basic Housing Allowance (BAH). Can my ex-wife try to get any of those funds for child support?