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Nov 07
2009
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Ask a Lawyer: Military retirement and disability Separate PropertyPosted by: Dads Divorce on Nov 7, 2009   |
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Question:
My father is 73, retired USAF with 40% disability pay. He is getting divorced. His wife was not with him while he was on active duty. All children are grown and out of the house. He has been the primary bread winner, but she has had a job for quite some time. During the marriage she was funneling money back to the Philippines and bought a house in her name only without telling my father. He recently discovered this. Is his retirement subject to division as marital property even though it was his when he married her? Is his disability also subject to division? Is the house she acquired with his money during the marriage subject to division? Please help? I need some direction for him as he goes into mediation. She also emotionally and physically abused every child but her own while they were in the house. My father was not very aware.
Answer:
I am not licensed in South Carolina. Every state will have different laws concerning property division so you should also consult an attorney your state. Most states include all assets in the marital pot, including retirement earned prior to marriage. However, the court will likely set that aside to your father since it was earned prior to the marriage. As for the house in the Philippines, it should be included as an asset. It may be difficult to value since it is out of country. Its value should however be considered when dividing the marital pot.
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