I am 50 years old. How does North Dakota treat my retirement benefits under the Uniformed Services Former Spouses' Protection Act? Does she automatically get 1/2 my retirement. Do I still have to pay alimony? I understand she can still get medical coverage under Tri-Care. Who pays for that? I also get a partial disability monthly payment. Does she have any right to that? Please advise so I can make some plans and then yes, I will get an attorney. Thank you
See a local ND family law attorney who understands USPSA and DFAS pension division orders. Your spouse has some very specific entitlements as a result of the marriage. A lot of details can be worked in a settlement agreement, but you have to understand the basic parameters and how those parameters are applied in ND. Your disability payments, if VA, follow different rules but may be impacted either by a settlement agreement, if agreed to, or by child support. Again, you need to see a local family law attorney with experience in military and VA benefits.
I agree with Mr. Early. You need to see a family law attorney in the state where the divorce will be filed/resolved. It can be a fairly complicated bit of dealing - military retirement where the spouses have been married for at least 10 years and 10 at least 10 of those years span military service. If your family law attorney is unfamiliar with military retirements and the normal divisions - you should encourage him/her to contact someone who is...even if it's in another state...to consult. There are many issues that arise other than just - what percentage is she going to get - because of things like survivor death benefit, tricare payments, etc. Again, seek counsel.
I agree with the previous answers, but wanted to underscore the need for local counsel. The Uniform Services Former Spouses Protection Act does not provide for how a military retirement will be divided between spouses in divorce - rather it allows the States to divide the military retirement in the same manner as it would other retirement plans - and so you need someone that is not only well versed with military retirement issues, but is also knowledgeable about North Dakota specific divorce law.
Benefits such as commissary, exchange, medical, etc. are governed by regulation and aren't really in the purview of the divorce court - though the court can take the fact that the spouse will or will not be entitled to such benefits when making deciding other issues.
Likewise, alimony, although often intertwined, is a separate issue from property division.
