How much of my military pension does my wife get ?

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My wife is asking for a divorce after 13 years. I was in the military for about 1 year after we married and then I retired. She is stating that in NC it is a 50-50 split. I want to know how much she is legally entitled to for payments to her. NC laws have no jurisdiction over my pay, the DOD does. I was a E-7 at time of retirement. Can someone tell me what she is entitled to dollar and cents?

Attorney Answers

2
Veronica Silva 4079776.Html ·
North Carolina is an equitable distribution state. This means that the property will be divided in a manner that is equitable. The presumption is that 50-50 is equitable, but that may or not be the case depending on all the circumstances of the couple and what happens during the divorce process and what the judge decides. It is impossible to give you an exact number. You will need to wait and see how things are settled in the divorce before you can know the exact amount you may have to give to her. Please let me know if this has been helpful to you by clicking the "Mark as Helpful" button at the bottom of this answer. Or choose a "best answer" if you wish. This does not take long and it would mean a lot to me. * I am not your lawyer until you and I have signed an Engagement Letter. This and other similar posts by me on the Internet are for informational purposes only. They are not legal advice. Nothing I post online should be taken as legal advice for any individual case or situation. This answer is not intended to create, and receipt or viewing of it does not constitute, an attorney-client relationship. While I do provide my best effort to be accurate, I do not guarantee accuracy given the general nature of these posts, answers and comments.
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Ketan Soni ·
NC will apply a "coverture fraction". This means if you were married for 1 year while in the military, but you have 20 years of military service, the "marital portion" is 1/20th of your total military pension. I can't tell you a dollar amount, but it will not include anything from prior to your marriage.
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