+ Reply to Thread
Page 1 of 2
1 2 LastLast
Results 1 to 10 of 15

Thread: Prenuptial? Does it protect retirement and all that?

  1. #1
    Senior Member 25üRabbit's Avatar
    Join Date
    Apr 2010
    Posts
    358

    Default Prenuptial? Does it protect retirement and all that?

    I'm not 100% what allthe benefits are that are shared with ex-spouses in the event of a divorce, but I am very interested in getting a prenuptial.

    My fiancé and I would be getting married even if I wasn't leaving for the Army. However, since I am, we would like to do it before I leave.

    So does a prenuptial protect everything?

  2. # ADS
    Google Adsense image
    Join Date
    Just Now
    Posts
    42

  • #2
    Super Moderator dibblejr's Avatar
    Join Date
    Mar 2009
    Location
    Alabama
    Posts
    1,594

    Default

    Nothing can protect you military retirement. IAW USC and title 10 an exspouse of a retired military member is entitled to 50%
    SFC USA Retired
    Former USA/ USAR "Ring" Recruiter

    AD USMC 1981-1993
    USAR 1993-1995
    AD Army 1996-2008

    Just ask me for assistance in your quest to join the Army.

    In Memory of my FALLEN Comrades;

    MGYSGT Wilfred Cordice
    LTCOL Leon James III I.E.D.
    MSG Thomas Tulia I.E.D.
    SFC Carl Benson I.E.D.
    SFC Casey Howe I.E.D.

  • #3
    Senior Member 25üRabbit's Avatar
    Join Date
    Apr 2010
    Posts
    358

    Default

    No matter what?

    Even if the non-military spouse violates the marriage contract by, say, adultery? Or if they decide to divorce a few weeks later? Or if it was just generally that person's (non-military) idea for the divorce?

    Really hope we don't divorce, obviously. But ya gotta be realistic.

  • #4
    Senior Member tyler's Avatar
    Join Date
    Feb 2009
    Location
    Missouri
    Posts
    111

    Default

    Quote Originally Posted by uRabbit View Post
    Or if they decide to divorce a few weeks later?
    I believe that the law states you can't divorce within 12 months of obtaining your marriage certificate.

  • #5
    Senior Member Armymom09's Avatar
    Join Date
    Feb 2010
    Location
    Ohio
    Posts
    511

    Default

    ^Nah, people have gotten married and filed divorce the day after.

    Those laws were designed to protect homemakers who take of everything for 20 years, making it easier for the spouse to get ahead in their career, then get traded in for a younger version. If you are married only a few years then divorce, it's not likely that she's going to get 1/2 your pension. When courts divide a pension as an asset, it's based on years of marriage/years of military service. (Uniform Services Former Spouse's Protection Act (USFSPA) It would depend on which state the divorce is occurring in. Some states consider pensions sole property, others a joint asset.

    If you are already worried about adultery, maybe you should reconsider getting married right now? I've heard many horror stories from young Soldiers that got drained financially during first deployments and came home to nothing. Think long and hard about marriage. It's hard during the best circumstances and requires 100% commitment from both parties.

    If you do get married, it's always a good idea to have 2 accounts. One joint and one that's just yours with your direct deposit getting split between them.

  • #6
    Super Moderator dibblejr's Avatar
    Join Date
    Mar 2009
    Location
    Alabama
    Posts
    1,594

    Default

    Quote Originally Posted by uRabbit View Post
    No matter what?

    Even if the non-military spouse violates the marriage contract by, say, adultery? Or if they decide to divorce a few weeks later? Or if it was just generally that person's (non-military) idea for the divorce?

    Really hope we don't divorce, obviously. But ya gotta be realistic.
    Yes, no matter what. Your former spouse can also be burried with you in a National Cemetary. I think the only thing that counts against a former spouse is being a NON US Citizen.
    SFC USA Retired
    Former USA/ USAR "Ring" Recruiter

    AD USMC 1981-1993
    USAR 1993-1995
    AD Army 1996-2008

    Just ask me for assistance in your quest to join the Army.

    In Memory of my FALLEN Comrades;

    MGYSGT Wilfred Cordice
    LTCOL Leon James III I.E.D.
    MSG Thomas Tulia I.E.D.
    SFC Carl Benson I.E.D.
    SFC Casey Howe I.E.D.

  • #7
    Senior Member tyler's Avatar
    Join Date
    Feb 2009
    Location
    Missouri
    Posts
    111

    Default

    Quote Originally Posted by Armymom09 View Post
    ^Nah, people have gotten married and filed divorce the day after.
    Filing for divorce and a judge granting your divorce are two different scenarios.

  • #8
    Moderator MPclk2006's Avatar
    Join Date
    May 2009
    Location
    Fort Drum
    Posts
    3,764

    Default

    I dont think thats entirely true Dibblejr, yes s/he can get half of your retirement, IF the court rules that way and I do believe there is a 10 year clause in there, so if you were married for 1 year and in the Army for 20, I dont think she is entitled to 50%, probably wouldnt even get anything....

  • #9
    Senior Member ArmyGirl4ever's Avatar
    Join Date
    Feb 2010
    Location
    MO
    Posts
    718

    Default

    There are quite a few factors when it comes to Military retirement and divorce. Military retirement pay is classified as "marital property" and that is how it is factored in. There is a 10/10 rule applied meaning that they had to be married for 10 years and have 10 years of credible service. HOWEVER, this is not automatic. It has to be stated in the divorce decree that a portion of retirement is awarded to the former spouse. Each state can decide the percentage a spouse can receive of retirement not to exceed 50%. There is also a 20/20/20 and 20/20/15 rule that starts talking about benefits such as healthcare, commissary and PX privileges.

    To the original poster, if you did draw up a legal prenup that would take precedence over what I posted above.
    ArmyGirl4Ever
    Proud US Army Veteran 1993-2004
    “The Soldier, above all other people, prays for peace, for he must suffer and bear the deepest wounds and scars of war.” ~ Douglas MacArthur

  • #10

    Default

    Quote Originally Posted by Armymom09 View Post
    I've heard many horror stories from young Soldiers that got drained financially during first deployments and came home to nothing.
    This is very true. There is absolutely no advantage to you getting married before leaving. If she is going to cheat on you she's just as likely to do so if you are married as if you are not.

  • + Reply to Thread
    Page 1 of 2
    1 2 LastLast

    Posting Permissions

    • You may not post new threads
    • You may not post replies
    • You may not post attachments
    • You may not edit your posts