Spent 20 years active service after retirement filed for divorce in New York ex wife lived in TN, she was given a subpoena to appear in New York court she failed to appear so I won my divorce she gets none of my retirement pension, thank you Jesus.
your lucky my ex divorced me after I retired from the military and took 42 percent. she always said she would take as much as she could, and she did, the house, car and furniture...
I did my own divorce in Californistan in 08. I was only married eight years and the lawyers book that I used said my ex-wife was not entitled to any of my military retirement/social security because we were not married over 10 years. I’m not gonna complain.
22yr Veteran, divorced in NC which is a “no fault” state. Regardless of her adultery and shady acts, the judge gave her 42% of my retirement. Even had to pay child support for son that she lied about being mine. Hind sight is 20/20, protect your sacrifice and finances with a prenuptial or lose it like the rest of us. Most of Ft Leavenworth homicide inmates committed on significant other cheating ect. The system is not equal nor fair, so again protect yourself.
So you telling me the government is paying your alimony, interesting. But they give you money for your dependents anyway and your children are forever your children
This needs to be taught in high school and basic training and first duty station. Bottom line, you work hard for you military retirement and it's worth a lot money. Don't give it away to someone you don't like. Talk to a lawyer, get a prenup and protect that retirement.
MILITARY RETIREMENT IS NOT WORTH A LOT OF MONEY I ONLY BRING IN 20 K PER YEAR WHICH HAS TAKEN ME 17 YEARS TO MAKE i WAS MAKEN CLOSE TO 30K WHEN i GOT OUT SO DO THE MATH
@brian harrington LOL Most people make $25K MINIMUM in retirement. $30K+ is what most people get. That's free and clear for life. Plus you get VERY affordable health insurance and life insurance and a ton of other benefits. AND Let's not forget the VA claim after you retire. Most people do very well with that. I've done the math. I haven't worked in a year because I'm actually making more in retirement.
Women are trained early in ways to extract resources from men. Then the hen training occurs where women collude with other women to inform other hens how to extract a man's wealth through rigged women's court system laws.
I pretty sure a prenup will not protect you, the Federal government has made the division of retirement pay and benefits almost automatic if you are married more than 10 years.
When my parents were divorced, my dad's military insurance pay was granted to my mother in the divorce decree. When my father passed away, the money was paid to his new wife. When I called the DOD, I was told that the federal government trumps the divorce decree.
HE WOULD HAD ELECTED SGLI WHICH IS SERVICE GROUP LIFE INSURANCE WAY DIFFERENT FROM THE INSURANCE POLICY IF HE WERE ON ACTIVE DUTY I HAVE SGLI ALONG WITH OTHERS THIS WILL GO TO MY SON NEEDLESS TO SAY HE WILL BE FAT LIKE 4 MILLION FAT
The 10 year rule suck, I been divorced 22 years and I'm still paying for it 12 years married and no children only way it stop is I got to die or her really. This rule needs to change. I just got a disability increase and my ex wife got a increase all so .Really this is not a fair deal
Dude you can't complain about the rule when you didn't do your own research and you thought that your marriage was gonna last forever. I'm sure they was ppl who told you not to get married but you thought you knew better than them.
I agree of a spouse was traveling with military member and providing moral support should receive something. But if they started I. Home state then they deserve nothing.
HERE'S THE DoD ON DIVORCE. If you have been married for 10 years or more she is entitled to 1/2 of your pay whether active or retired. This change was made by Congress due to the number of women during the 1980s through the 1990s getting divorced after 5 years. Disability pay from federal courts is pay to the service member for their injuries suffered. The federal courts have said tye spouse is not entitled to that pay in the same as active or retirement pay. DoD regulations on divorce even stated it's for the service member compensation not the family. I found out about this while being the unit's Family Advocate NCO. We had 2 JAG lawyers & tge chaplain going through all of this. We found out that of all the branches of service only the army would not provide JAG assistance with a divorce. I'm surprised that this content creator is not aware of all I pointed out. These rules on military and divorce are changes that were made between 1995 & 2005. In 2011 what I stated was still in effect when I retired. The 1984 rule of 5 years was changed for the reasons I said in the latter 1990s. Which means she is using old information, misinformed, or straight up being dishonest.
@the1bulldurham No. Disability is for the service member, unless they have a court order to pay child support and that is the only income. The judge can then order the service member to pay their obligations out of that.
Don’t get married, get your pension first and when you do get married get an iron-clad prenup in Texas or Florida. If you have a degree make sure your wife has one or have something to loose. If you want kids have them by surrogacy, pay the lady to have them, make them sing an agreement and there you go. Once that is completed, get a vasectomy, and tel the urologist to make 4 cuts instead of 2.
Ashley, where are you? I have not seen any new videos from you, are you still in the Airforce, and do you still do what you do. I’m a 27 year veteran who learned from your videos keep them coming
What do you do if your wife that is in the military and ask for a divorce without any explanation while deployed. What protects the family members at home for abandonment
Looks like she was more than likely having an affair and had thr backing of her unit in order for her to pull everything off. I have been there, but my ex apparently forgot I'm a vet so I too know the ends and outs. You're going to need to reach out to a lawyer who knows the military regulations.
JUST LET HER GO AS FOR ABANDONMENT IT WON'T FLY DO TO MILITARY ORDERS TO DEPLOY ABANDONMENT IS ONLY WHEN SHE IS HARDLY AROUND WITHOUT ANY MILITARY CALL FOR DUTY DESPITE YOU ARE ON DUTY 24 HOURS AND CAN BE CALLED INTO ACUTAL MANDATED DUTY AT ANY TIME IE DRILLS DEPLOYEMENT NATIONAL EMGERNECYIS ETC
Let me guess for women the judge will say no to the man in taking her VA retirement, and turn around in the next case and let the women take the man's VA millitary retirement funds, yup have to love the double standards..
Now waiting on the video like this concerning child support. I believe it to be pretty much the same thing. I'm looking for the part of VA disabled (I'm Permanent and Totaled).
OFFSET! my entitlement payments increased every January til last year when it suddenly decreased by $260.00. My ex n i do not communicate so my question is if i can prove he did an offset does he owe me the difference?
Good video. I didn’t retire from the military, but I am 100 percent P and T by the VA which is almost like being retired from the military. I don’t get Tricare, but I get free medical care at the VA. My family gets Champva insurance. My dependents get money for college. I get a check over 4k a month. Not bad for someone who did 6 years in the Army NG with one year deployment to Iraq.
5 years is NOT enough time married while serving for a spouse to be entitled to the service member's retirement pay. USFSPA allows state courts to divide a service member's retirement income using 10/10 Rule, which means they were married for 10 years and the service member served in the military for 10 years, the Defense Finance and Accounting Service (DFAS) may send a portion of the retirement pay to the former spouse.
So can someone get part of your social security check. Where you find your answer, I would like to see what you found because you said absolutely, so I know you found it and are not just responding off of feelings. Found it
Completely WRONG! Investment accounts are not split 50/50. Retirement accounts are added together and the total is divided 50/50. Basically, if spouse A has $40k, and spouse B has $50k. The difference is $10k and spouse B owes spouse A $5k. Simple.
Regular military retirees with a VA disability rating of 50% or greater are entitle to concurrent receipt of their full retirement and full VA compensation beginning in Jan 2004, (Concurrent Retirement and Disability Pay (CRDP)) and phased in, which was completed Jan 2014.
I was married to an abusive service member. He agreed to everything including the pension but the state fubar'ed the verbiage so dfas wouldn't honor it.
They should’ve his disability pension is his something that was given during injury, no other human has a right to take something from someone that they have gotten
Military Retired/Retainer pay is not earned until the day the servicemember retires. It does not accrue. See DoD 7000.14r, Vol 7b, Chapter 29, Par 290614 where it states: The designated agent cannot honor awards based on the value of the member’s retired pay that has “accrued” during the marriage because military retired pay does not accrue over time. Military retired pay is not a pension. Rather, it is a statutory entitlement computed at the time the member retires and it is based on the member’s rank and total years of service at the time of retirement, or member’s high-3 and total years of service. The USFSPA is technically not legal, but nobody seems to care.
THE RETAINER IS FOR A PERIOD OF 10 YEARS HOW EVER IF A MILITARY PERSON IS ILL OR HAVE SERIOUS HEALTH PROBLEMS WHILE IN THAT 10 YEAR PERIOD THAT PERSON WILL NOT BE SUBJECTED TO RECALL I DEVLOPE SERIOIUS HEALTH CONDITIONS WITHIN THAT WINDOW ALSO THE WISH I HAD GOTEN RECALLED SERIOUS BACKPAY WITH A PROMOTION TO A HIGHER RANK AND RETIRE AGAIN LOL ANYWAY I DID THE DELAYED ENTRY PROGRAM IN FEB OF 86 I WAS OFFICAL RELEASED FROM THE NAVY ON MARCH 1 7 2018 ONE YEAR TO THE DATE THAT MY FATHER HAD PASSED AWAY BUT MY NAVAL DISCHARGE DATE WAS IN JULY FOLLOWING THE JULY4TH WEEKEND OF 2006
I need your help Ashley. He's the meat and potatoes. Married for 14 years. Separated (not legally) just physically. 18 years of AD service. Transfered to ANG as a title 32. Is the soon to be x spouse entitled to a portion my FERS? retirement?
Thanks for this video very informative. But as human being Nobody should be entitled to another person's money in the case of divorce. This law was crazy when it was created and its still crazy.
@@jorgebedoya7647 I negotiated an upfront payout (payment starting as soon as we separated), rather than her having to wait 10 more years until I retired to receive payment. She would have had $680/month indefinitely (till I died, or if I lived to be 90, 52 years of monthly payment) but she wanted money now, so I offered her $500/month for 12 years. I paid her off the remaining balance when I sold our old house. I am not financially tied to that woman anymore.
My guess is you will be responsible for spousal maintenance due to lengthe of marriage. Disability pay is used to figure income for child support and spousal maintenance obligations and can be garnished for court ordered support. But it isn’t divisible as a marital asset. Nicolle should have added a bit about child support or spousal maintenance in long term marriages.
Disability compensation cannot legally be used to calculate support. Please disregard what anyone else tells you regarding that, as it violates Federal law. Don't let any attorney or judge try to tell you that the Federal preemption doctrine does not apply, because that is BS. Anyone who states that is either ignorant or lying. It doesn't matter if the case makes it all the way to your state's supreme court. If the court uses your disability, it is violating Federal la (38 USC §5301 and 38 USC 511). The person below who stated it can be used is wrong. Don't listen to anyone who tells you otherwise.
YOUR ATTY IS HIGHLY WRONG I WOULD ASK TO SEE A COURT RULLING ON THE MATTER OR SOMETHING OFFICIAL NOT SOME JABER JAW ATTYS ARE ABOUT GETTING FAT POCKETS
You would not have this problem if everyone would be required to serve. Divorce is division. In the military it teaches unity. The saying is United we stand divided we fall.
Ashley, great video and thanks for the info. Do you have any updates to that case you were referring to about CRDP lawsuit? My husband's ex was awarded a portion of his retirement, but he was medically discharged (MEB) at 20.5 years. DFAS sent her a letter stating all of his retired pay is disability pay so they won't be paying her. However, he was served papers last week to appear in court because she is trying to get her portion of retirement through the courts. Thanks for any info/references.
GOOD LUCK AT HER END IT WON'T GO THROUGH BECAUSE HIS PAY IS FEDERAL PROTECTED UNLESS THERE IS A COURT RULLINNG BY THE SUPREME COURT STATING THIS NO JUDGE CAN OVERIDE A DECISION ONCE MANDATED EITHER BY THE STATE SUPREME COUTRT OR THE ACTUAL SUPREME COURT THIS IS KNOW AS A COURT PRECEDENT WHICH IS A COURT RULING ONLY THE SUPEREME COURT CAN OVER TURN A STATES RULING AND CONGRESS CAN OVER TURN A SUPREME COURT RULING
Chapter 61 (Medical retirement) is 100% off limits, as it is not considered "Disposable Retired Pay" as defined in 10 U.S. Code § 1408. You husband's ex is SOL. If the court requires him to indemnify her, the court is breaking the law. There are no legal workarounds
I had a commander who had a wife that timed it perfectly and waited until 10years to file the divorce so that she could get 50% of his retirement in the year he was planning to retire … And she was a stay at home wife with 1 kid throughout the entire marriage…think about that
The 10/10 Rule only allows DFAS make direct payments to the Former Spouse instead of the servicemember making the payments. There is no minimum amount of time required for a Former Spouse to get free money from a servicemember. It can be as little as 5 years (or less). I don't know where people get this crazy idea that the marriage must last 10 years overlapping service in order to get a portion of the retirement. I wish people would stop spreading such garbage.
She is also entitled to half of his social security. It will not affect his, but she will get half of what he earns since they were in a long term marriage.
Not exactly accurate. She will get half of the amount he gets, not half if his. For example, If he receives $1800/month from SS, then she will receive $900, but that will not be taken out of his portion. Also, she will get it when she reaches the required age, not when he becomes eligible (assuming he is older).
the spouse cannot a persons va benits but a spouse can recive a precentage of a person retireminent it is called the 1o 10 10 rule but the military not so i was married for 15 years got married in 93 aot divorce in 2008 if she was to collect my retiremeint she whould get 20 pprecent only 50 precent applesis if you were married 10 years and had srved 10 years if a spouse were married 29 years then the soose will get 50 precent as for disability you must file within 1 year after service anything after claim dnied must have the medical evidence in support of your claim now if you were in a nofault sate the spouse gets nothing alsif the spouse wants part of your retirement it puts you in lower income bracket and you clan ask four spouses support another thing is it will put your spouse in a upper income tax bracet and lowers yours
All this drama..why get married nowadays...you can live in peace and quiet have a full stomach..bill paid..opposed to paying slave tax....to a snale that hates you..?
If a person receiving 100% Veterans Disability benefits dies, will the spouse's free medical care continue? If a person receiving 100% Veterans Disability benefits dies, the spouse cannot continue to receive it, right?
i have become 100% since 2019 i retired from res in 2014 with 20 years i was married 1996 to 2009 , will she get my retirement or will i only get va money ? she got a lawyer and i filled out paper work did he not know im only gettimg one or the other
she only gets a small precentage however if it is not in the divorce decree ie requested by the person filing for divorce then she get s nothing as for the va com she gets none of that
So..If you been married for 20+ years, but separated for allegedly 10, a divorce at this point would entitle your spouse to 50%. Welp I can't date this guy.
Yes, but again, just because that’s what the ex-spouse would be entitled to doesn’t necessarily mean that’s what they’d HAVE to get. The ultimate decision on what the former spouse would receive comes down to the civilian divorce court and what the judge orders in the divorce decree. If the military spouse wants to argue that the former spouse shouldn’t get that much, their attorney could make that argument or they could try to negotiate for something different.
This happen to one of my supervisors at my previous job before I joined the Navy. He served in the Air Force for 20 or 22yrs. He and his was divorced after he retired, and she got half his pension. Which as a result he had to go back into the work field.
Does the service member who wants the divorce need to file in the state they were married in, or can they do it in the state that they are stationed in?
THEY CAN FILE IN ANY STATE IF YOU ARE SMART AND I FALIED TO MENTION THIS FILE THE PAPER WORK IN A NOFAULT STATE I WOULD DRAG OUT THE MATTER UNTIL YOU MOVE IE GET OUT OF SERVICE AND MOVE TO A NO FAULT STATE AND FILE IF YOU ARE THE FILER NEITHER PARTY WILL GET ANYTHING DON'T KNOW WHAT STATE YOU ARE IN BUT I KNOW HAWAII IS A NO FAULT STATE
The information you give is very very good.I am divorced from a Vet. For medical reasons .But by me have to leave for medical reason. He divorced me. We were married for 11 years he had ptsd and Vet.he was shot Vietnam and on his back for several months.He pass last year.
THE ONLY TIME A LAWYER SHOULD BE INVOLVED IS WHEN THERE ARE HIGH VALUED ASSETS AND HOW ANY PROPERTY SHOULD BE DIVIDED PROVIDED THE HIGH VALUE LOOK AT THE LAWS OF THE STATE IN WHICH YOU ARE IN THIS IS AND EXAMPLE IN CA THE SPOUSE CANT TOUCH ANOTHER SPOUSE INHERANTANCE AND IF THERE IS PRENUPTIAL ARGREE MENT THAT AGRREMENT MUST BE HONRORED A PRENUP IS A BASICLY A MARTAIL CONTRACT......
It doesn't impact your retirement since you were not married while in the military. However, if you are a Federal Government employee, spousal compensation could impact your retirement and survival benefits if you were to divorce your spouse within a certain time frame.
well my husband have only been married for 2 yrs. He joined the army without my consent. And now wants to get a divorce at the beginning so he want have to be responsible for me at all. Wants to walk away Clean with no responsibilities.
Since when am I responsible for other people's income? This world is all about how to screw me in the front side AND the back side, making it impossible to make a living, then if you work REALLY hard, you are a target for all those leaches that can't or don't want to work.
NO WORRY JOIN THE MILITARY IF YOU ARE IN A NO FAULT STATE THEN YOU HAVE NO WORRIES PERIOD THE FILER MUST REQUEST ANNY FOR OF FINICNIAL SUPPORT ON THE FILING PAPER THERE ARE ACTUAL QUESTIONS NOTHING IS AUTOMATIC ONLY THE JUDGE CAN AND HAS TO ISSUE A RULING WITHOUT APERING FOR A DIVORCE HEARING I DIDN'T HAVE TO GO TO ONE WENT TO WE THE PEPOLE PAID 800 AND FILL IN THE QUESTIONS AND WITHI 6 MONTHS LATTER THE JUDGE SINGED OFF THE PAPER WORK EASY PEASY JANANESAY
If my mom gets half of my dad's retirement by court order and the order states a certain amount, say like $850, does she get a raise each year with his? Please explain.
@@brianharrington-ws2kj no they don't get any raises. It's whatever it was at the time of the resolution they aren't entitled to nothing after. I found the answer.
What if we are both in the military i retire at my 20 year mark and she decides to get out after 12 year mark is she still entitled to half of my retirement?
Hey Deon! If your marriage overlaps for those 20 years of your service, then yes, your spouse could end up being awarded up to 50% of your retirement. However, as I mentioned, what she'll actually receive will come down to what the civilian divorce court orders. So if you want to try to negotiate for something different, you should speak with your civilian divorce attorney about your options.
no only because you did not do the 20 20 20 date of marrage to date of entry of military to discharge date lets say you did 18 YEARS OF SERVICE AND GOT MARRIED ON THAT ANAVERSTY DAY AND MARRIED FOR 2 YEARS ONLY AND GOT DIVORCE NO ONE GETS ANYTHING I GIVE YOU AND EXAMPLE I WAS IN THE MILITARY FOR 20 YEARS I GOT MARRIED IN MY 9 TH YEAR OF SERVICE GOT DIVORCED IN 2008 2 YEARS AFTER COMPLETING 20 YEARS OF NAVAL SERVICE SO FROM 1993 T0 2006 ACTUALLY MARRIED FOR 13 YEARS WHICH MET THE PART OF THE 10 10 10 RULE TO THE 20 20 20 RULE FULL ENTILEMENT THE 13 YEAR MARKER MET THE FIRST TWO PREVISONS OF THE LAW 10 YEARS MARRIED WHILE IN SERVICE AND 10 YEARS OF SERVICE YOU CAN GOOGLE TO THE 20 20 20 10 10 10 rule she would had gotten at least 20 precent of my retirement but i would had ask for 40 precent for spouses support when in which i get back my full retriement plus 20 precent of her pay but this is only if it is requested in the divorce decree....
YOU MUST SHOW YOUR ENTRY OF SERVICE PAPER WORK AND MARRAIGE RECORD ALONG WITH YOUR DIVORCE RECORD AND DISCHARGE PAPER AN EXAMPLE YOU GOT MARRIED AFTER BOOT CAMP OR EVEN BEFORE BOOT CAMP AND YOU AND YOUR SPOUSE WERE TOGETHTER DURRING YOUR 20 YEAR PERIOD OF SERVICE THEN SHE GET THE FULL DEAL IE BASE PRIVILAGES HEALTH CARE THROUGH TRICARE AND MAYBE THE VA HEALTH CARE AS WELL ALONG WITH THE ID CARD AS WELL and 50 precent of pension but you can ask for spouses suppport as well so it is not a major loss and prize number 2 she uped her income tax bracket which means her normal refund just got reduced or might end up owing more money for taxes at the end of the year and women rather have money then owe
My advise please do not get married, its dirty politics when getting a divorce just have a girlfriend and no kids any problems which might flare up later you can always roll your carpet and move and keep all your money and benifits.
Hi Ashley I have question about pension for 20/20/20 rule divorced, if former spouse has remarried, Does she or he will loose that pension or not ? Please advise. Thank you so much .
How much of the service member's pension that the former spouse received is determined by the civilian divorce court. So the former spouse would be entitled to whatever is written in that court order. I've made a follow-up video that goes over this here: ruclips.net/video/pcUvbt_aTd4/видео.html. I hope this helps!
Hey...this is 'my' opinion and 'my' thoughts (while wearing a military uniform). Also...this isn't 'legal advice' but here are a bunch of legal references and examples. I hope people stop doing this in 2022 😑
Spent 20 years active service after retirement filed for divorce in New York ex wife lived in TN, she was given a subpoena to appear in New York court she failed to appear so I won my divorce she gets none of my retirement pension, thank you Jesus.
YES!!!!
thank the Lord!
Blessings
*slow claps*
your lucky my ex divorced me after I retired from the military and took 42 percent. she always said she would take as much as she could, and she did, the house, car and furniture...
I did my own divorce in Californistan in 08. I was only married eight years and the lawyers book that I used said my ex-wife was not entitled to any of my military retirement/social security because we were not married over 10 years. I’m not gonna complain.
That sounds about right. 10-10-20 I think it was called. I didn't get married until 2 years after my retirement.
22yr Veteran, divorced in NC which is a “no fault” state. Regardless of her adultery and shady acts, the judge gave her 42% of my retirement. Even had to pay child support for son that she lied about being mine. Hind sight is 20/20, protect your sacrifice and finances with a prenuptial or lose it like the rest of us. Most of Ft Leavenworth homicide inmates committed on significant other cheating ect. The system is not equal nor fair, so again protect yourself.
wow, thank you for the wise words brother.
So you telling me the government is paying your alimony, interesting. But they give you money for your dependents anyway and your children are forever your children
This needs to be taught in high school and basic training and first duty station.
Bottom line, you work hard for you military retirement and it's worth a lot money. Don't give it away to someone you don't like. Talk to a lawyer, get a prenup and protect that retirement.
MILITARY RETIREMENT IS NOT WORTH A LOT OF MONEY I ONLY BRING IN 20 K PER YEAR WHICH HAS TAKEN ME 17 YEARS TO MAKE i WAS MAKEN CLOSE TO 30K WHEN i GOT OUT SO DO THE MATH
@brian harrington LOL Most people make $25K MINIMUM in retirement. $30K+ is what most people get. That's free and clear for life. Plus you get VERY affordable health insurance and life insurance and a ton of other benefits. AND Let's not forget the VA claim after you retire. Most people do very well with that. I've done the math. I haven't worked in a year because I'm actually making more in retirement.
Women are trained early in ways to extract resources from men. Then the hen training occurs where women collude with other women to inform other hens how to extract a man's wealth through rigged women's court system laws.
I pretty sure a prenup will not protect you, the Federal government has made the division of retirement pay and benefits almost automatic if you are married more than 10 years.
When my parents were divorced, my dad's military insurance pay was granted to my mother in the divorce decree. When my father passed away, the money was paid to his new wife. When I called the DOD, I was told that the federal government trumps the divorce decree.
INSURANCE AND PENSON ARE 2 DIFFERENT THINGS
HE WOULD HAD ELECTED SGLI WHICH IS SERVICE GROUP LIFE INSURANCE WAY DIFFERENT FROM THE INSURANCE POLICY IF HE WERE ON ACTIVE DUTY I HAVE SGLI ALONG WITH OTHERS THIS WILL GO TO MY SON NEEDLESS TO SAY HE WILL BE FAT LIKE 4 MILLION FAT
I be Damn 😮😱😤
Nice.
I'm the veteran I served not willing to gamble with what I have earned. Solution don't get married if she can't deal with that walk away gracefully😎
🤦♀️
😂
@@babsinnyjust don't get involved, it doesn't end well with this type of person anyway.
👍👍
The laws are rigged to enrich women and often the state.
The 10 year rule suck, I been divorced 22 years and I'm still paying for it 12 years married and no children only way it stop is I got to die or her really. This rule needs to change. I just got a disability increase and my ex wife got a increase all so .Really this is not a fair deal
Damn Skippy 💯
Yes, it sucks
You know what you got to do to "end" it.
@@lowbloodprsurelmfao take her out? Lol
Dude you can't complain about the rule when you didn't do your own research and you thought that your marriage was gonna last forever. I'm sure they was ppl who told you not to get married but you thought you knew better than them.
I agree of a spouse was traveling with military member and providing moral support should receive something. But if they started I. Home state then they deserve nothing.
HERE'S THE DoD ON DIVORCE. If you have been married for 10 years or more she is entitled to 1/2 of your pay whether active or retired. This change was made by Congress due to the number of women during the 1980s through the 1990s getting divorced after 5 years.
Disability pay from federal courts is pay to the service member for their injuries suffered. The federal courts have said tye spouse is not entitled to that pay in the same as active or retirement pay. DoD regulations on divorce even stated it's for the service member compensation not the family.
I found out about this while being the unit's Family Advocate NCO. We had 2 JAG lawyers & tge chaplain going through all of this. We found out that of all the branches of service only the army would not provide JAG assistance with a divorce.
I'm surprised that this content creator is not aware of all I pointed out. These rules on military and divorce are changes that were made between 1995 & 2005. In 2011 what I stated was still in effect when I retired. The 1984 rule of 5 years was changed for the reasons I said in the latter 1990s. Which means she is using old information, misinformed, or straight up being dishonest.
Didn’t catch in the video. Is the divorced spouse entitled to portion of VA disability compensation?
Those are my thoughts as well, that would be like social security splitting your check, now does that make sense
@the1bulldurham No. Disability is for the service member, unless they have a court order to pay child support and that is the only income. The judge can then order the service member to pay their obligations out of that.
@@the1bulldurhamno, VA disability is for the injured service member only.
@@LDSKIPPER1911 The courts consider it pay and is added into the calculations for alimony during divorce proceedings. Would love to be proved wrong.
This is so knowledgeable ! Well appreciated ❤
Noell you are gorgeous and provide helpful information
Great information. Thank you.
Awesome info. Thank you!
Great info. thanks
Don’t get married, get your pension first and when you do get married get an iron-clad prenup in Texas or Florida. If you have a degree make sure your wife has one or have something to loose. If you want kids have them by surrogacy, pay the lady to have them, make them sing an agreement and there you go. Once that is completed, get a vasectomy, and tel the urologist to make 4 cuts instead of 2.
How about just don't get married, it's 2024 and men are still getting taken !
Thank you so much!!!
This is helping me in so many ways!!!!
I love the way you explained this!
More, please!! LOL :)
Awesome!! I'm glad it was helpful for you, Amelia! 😊
Ashley, where are you? I have not seen any new videos from you, are you still in the Airforce, and do you still do what you do. I’m a 27 year veteran who learned from your videos keep them coming
Thank you for the information.
What do you do if your wife that is in the military and ask for a divorce without any explanation while deployed. What protects the family members at home for abandonment
Looks like she was more than likely having an affair and had thr backing of her unit in order for her to pull everything off. I have been there, but my ex apparently forgot I'm a vet so I too know the ends and outs. You're going to need to reach out to a lawyer who knows the military regulations.
You were better off for the advance notice. people should make their own way in life and not scalp off of other's careers.
JUST LET HER GO AS FOR ABANDONMENT IT WON'T FLY DO TO MILITARY ORDERS TO DEPLOY ABANDONMENT IS ONLY WHEN SHE IS HARDLY AROUND WITHOUT ANY MILITARY CALL FOR DUTY DESPITE YOU ARE ON DUTY 24 HOURS AND CAN BE CALLED INTO ACUTAL MANDATED DUTY AT ANY TIME IE DRILLS DEPLOYEMENT NATIONAL EMGERNECYIS ETC
Great info thanks 🙏🏼
They can get up to HALF if they go through the procedure, I looked it up, the (USFSPA) is the law on that and the (DFAS) is who will be sending it
thanks trooper. Just showing some support. What happens if the supported spouse gets remarried?
Excellent video. Thanks!
Sure thing!
My ex got none of my retirement. She was a career civil service, and I live a 50/50 state, so we left each others retirement alone.
Has the case about CRDP been (around the 8:00 min mark)settled yet? If so what was the outcome?
Remember the money stops when Veteran passes
Great info Ashley.
Thank you, Loretta!
No ! why would they take disability pay of the disable !?
Let me guess for women the judge will say no to the man in taking her VA retirement, and turn around in the next case and let the women take the man's VA millitary retirement funds, yup have to love the double standards..
THANK YOU 😂. VERY GOOD INFO.
Now waiting on the video like this concerning child support.
I believe it to be pretty much the same thing. I'm looking for the part of VA disabled (I'm Permanent and Totaled).
That was an outstanding vid. With respect to a "like" and "subscription", you are more than worthy!
Excellent video! You are excellent at communicating complex topics! :)
Thanks, Vanessa! I appreciate that! 😊
Thank you Ashley
Sure thing, Jermaine!
The Senate passed a bill in 2018, which will give all retired vets regardless of rating compensation. However, they are still hashing out the details.
There is no more offset for retired pay! it was ended by law, its called CRDP (Concurent receipt of disability/retired pay)
Think you need 50% rating, would love to hear if I’m wrong.
OFFSET! my entitlement payments increased every January til last year when it suddenly decreased by $260.00. My ex n i do not communicate so my question is if i can prove he did an offset does he owe me the difference?
Good video. I didn’t retire from the military, but I am 100 percent P and T by the VA which is almost like being retired from the military. I don’t get Tricare, but I get free medical care at the VA. My family gets Champva insurance. My dependents get money for college. I get a check over 4k a month. Not bad for someone who did 6 years in the Army NG with one year deployment to Iraq.
5 years is NOT enough time married while serving for a spouse to be entitled to the service member's retirement pay.
USFSPA allows state courts to divide a service member's retirement income using 10/10 Rule, which means they were married for 10 years and the service member served in the military for 10 years, the Defense Finance and Accounting Service (DFAS) may send a portion of the retirement pay to the former spouse.
Great info
I am married and living in GA for 30 years, been 100% VA for 20 years, and SSDI for 14 years. Would my spouse be entitled to 50% of either?
Absolutely, yes, if you are married for at least 10 years and your spouse fights you through court with an attorney.
So can someone get part of your social security check. Where you find your answer, I would like to see what you found because you said absolutely, so I know you found it and are not just responding off of feelings. Found it
Completely WRONG! Investment accounts are not split 50/50. Retirement accounts are added together and the total is divided 50/50. Basically, if spouse A has $40k, and spouse B has $50k. The difference is $10k and spouse B owes spouse A $5k. Simple.
All indeminfication clauses violate Federal law and even if the courts order them, they are not legally enforceable.
Wow...fantastic video.
Thank you!!!
Good info
Thank you so much! This was good info.
Regular military retirees with a VA disability rating of 50% or greater are entitle to concurrent receipt of their full retirement and full VA compensation beginning in Jan 2004, (Concurrent Retirement and Disability Pay (CRDP)) and phased in, which was completed Jan 2014.
None of this matters in child support situations.
I was married to an abusive service member. He agreed to everything including the pension but the state fubar'ed the verbiage so dfas wouldn't honor it.
They should’ve his disability pension is his something that was given during injury, no other human has a right to take something from someone that they have gotten
Military Retired/Retainer pay is not earned until the day the servicemember retires. It does not accrue. See DoD 7000.14r, Vol 7b, Chapter 29, Par 290614 where it states:
The designated agent cannot honor awards based on the value of the member’s retired pay that has “accrued” during the marriage because military retired pay does not accrue over time. Military retired pay is not a pension. Rather, it is a statutory entitlement computed at the time the member retires and it is based on the member’s rank and total years of service at the time of retirement, or member’s high-3 and total years of service.
The USFSPA is technically not legal, but nobody seems to care.
THE RETAINER IS FOR A PERIOD OF 10 YEARS HOW EVER IF A MILITARY PERSON IS ILL OR HAVE SERIOUS HEALTH PROBLEMS WHILE IN THAT 10 YEAR PERIOD THAT PERSON WILL NOT BE SUBJECTED TO RECALL I DEVLOPE SERIOIUS HEALTH CONDITIONS WITHIN THAT WINDOW ALSO THE WISH I HAD GOTEN RECALLED SERIOUS BACKPAY WITH A PROMOTION TO A HIGHER RANK AND RETIRE AGAIN LOL ANYWAY I DID THE DELAYED ENTRY PROGRAM IN FEB OF 86 I WAS OFFICAL RELEASED FROM THE NAVY ON MARCH 1 7 2018 ONE YEAR TO THE DATE THAT MY FATHER HAD PASSED AWAY BUT MY NAVAL DISCHARGE DATE WAS IN JULY FOLLOWING THE JULY4TH WEEKEND OF 2006
I need your help Ashley. He's the meat and potatoes. Married for 14 years. Separated (not legally) just physically. 18 years of AD service. Transfered to ANG as a title 32. Is the soon to be x spouse entitled to a portion my FERS? retirement?
This is unbelievable….
What is the law currently being debated that you referenced at the end of your video?
Thanks for this video very informative. But as human being Nobody should be entitled to another person's money in the case of divorce. This law was crazy when it was created and its still crazy.
How about if cheating is involved? It will be a compensation
Spouse should get a job point blank period! 😫 we the only place have child support
Yes. Get your crap into the OPM as soon as you get your decree.
I bought my ex of ten years out of my pension. When I retire, what I’ve earned is 100% mine.
how did you do that?
@@jorgebedoya7647 I negotiated an upfront payout (payment starting as soon as we separated), rather than her having to wait 10 more years until I retired to receive payment.
She would have had $680/month indefinitely (till I died, or if I lived to be 90, 52 years of monthly payment) but she wanted money now, so I offered her $500/month for 12 years. I paid her off the remaining balance when I sold our old house. I am not financially tied to that woman anymore.
This video is outstanding, I’m going through a divorce after 40 years and my attorney said I’ll have to share half my disability pay with my ex.
You need a new attorney!
My guess is you will be responsible for spousal maintenance due to lengthe of marriage. Disability pay is used to figure income for child support and spousal maintenance obligations and can be garnished for court ordered support.
But it isn’t divisible as a marital asset.
Nicolle should have added a bit about child support or spousal maintenance in long term marriages.
Disability compensation cannot legally be used to calculate support. Please disregard what anyone else tells you regarding that, as it violates Federal law. Don't let any attorney or judge try to tell you that the Federal preemption doctrine does not apply, because that is BS. Anyone who states that is either ignorant or lying. It doesn't matter if the case makes it all the way to your state's supreme court. If the court uses your disability, it is violating Federal la (38 USC §5301 and 38 USC 511). The person below who stated it can be used is wrong. Don't listen to anyone who tells you otherwise.
YOUR ATTY IS HIGHLY WRONG I WOULD ASK TO SEE A COURT RULLING ON THE MATTER OR SOMETHING OFFICIAL NOT SOME JABER JAW ATTYS ARE ABOUT GETTING FAT POCKETS
well that’s a long marriage
When do the payments stop? I have been divorced longer that married and she has remarried twice. Am I responsible for her forever?
Depends on the divorce decree. The civilian divorce court controls those matters, so they would've set out those terms within the divorce decree.
Can the former spouse remarry without losing benefits, such as health benefits and pension?
it all depends as to how long that spouse was married to other one
Strong accurate content
Before i give up half..we just sleep in separate bedrooms..
You would not have this problem if everyone would be required to serve. Divorce is division. In the military it teaches unity. The saying is United we stand divided we fall.
Ashley, great video and thanks for the info. Do you have any updates to that case you were referring to about CRDP lawsuit? My husband's ex was awarded a portion of his retirement, but he was medically discharged (MEB) at 20.5 years. DFAS sent her a letter stating all of his retired pay is disability pay so they won't be paying her. However, he was served papers last week to appear in court because she is trying to get her portion of retirement through the courts. Thanks for any info/references.
GOOD LUCK AT HER END IT WON'T GO THROUGH BECAUSE HIS PAY IS FEDERAL PROTECTED UNLESS THERE IS A COURT RULLINNG BY THE SUPREME COURT STATING THIS NO JUDGE CAN OVERIDE A DECISION ONCE MANDATED EITHER BY THE STATE SUPREME COUTRT OR THE ACTUAL SUPREME COURT THIS IS KNOW AS A COURT PRECEDENT WHICH IS A COURT RULING ONLY THE SUPEREME COURT CAN OVER TURN A STATES RULING AND CONGRESS CAN OVER TURN A SUPREME COURT RULING
Chapter 61 (Medical retirement) is 100% off limits, as it is not considered "Disposable Retired Pay" as defined in 10 U.S. Code § 1408. You husband's ex is SOL. If the court requires him to indemnify her, the court is breaking the law. There are no legal workarounds
Sorry to say they can .. most state consider they earned it with you ..
Not disability. That does not come from the miliary.
I had a commander who had a wife that timed it perfectly and waited until 10years to file the divorce so that she could get 50% of his retirement in the year he was planning to retire …
And she was a stay at home wife with 1 kid throughout the entire marriage…think about that
THEY HAD TO BEEN MARRIED 20 YEARS OR HAD FALLEN UNDER THE 10/10/10 RULE
The 10/10 Rule only allows DFAS make direct payments to the Former Spouse instead of the servicemember making the payments. There is no minimum amount of time required for a Former Spouse to get free money from a servicemember. It can be as little as 5 years (or less). I don't know where people get this crazy idea that the marriage must last 10 years overlapping service in order to get a portion of the retirement. I wish people would stop spreading such garbage.
She is also entitled to half of his social security. It will not affect his, but she will get half of what he earns since they were in a long term marriage.
Not exactly accurate. She will get half of the amount he gets, not half if his. For example, If he receives $1800/month from SS, then she will receive $900, but that will not be taken out of his portion. Also, she will get it when she reaches the required age, not when he becomes eligible (assuming he is older).
@@donwenger2616 I know. I work for SSA.
the spouse cannot a persons va benits but a spouse can recive a precentage of a person retireminent it is called the 1o 10 10 rule but the military not so i was married for 15 years got married in 93 aot divorce in 2008 if she was to collect my retiremeint she whould get 20 pprecent only 50 precent applesis if you were married 10 years and had srved 10 years if a spouse were married 29 years then the soose will get 50 precent as for disability you must file within 1 year after service anything after claim dnied must have the medical evidence in support of your claim now if you were in a nofault sate the spouse gets nothing alsif the spouse wants part of your retirement it puts you in lower income bracket and you clan ask four spouses support another thing is it will put your spouse in a upper income tax bracet and lowers yours
All this drama..why get married nowadays...you can live in peace and quiet have a full stomach..bill paid..opposed to paying slave tax....to a snale that hates you..?
Can VA benefits be used for calculating child support?
Gentlemen, spouse can take your va compensation too. Its called an apportionment.
Retirement benefits. Yes. Half of it.
If a person receiving 100% Veterans Disability benefits dies, will the spouse's free medical care continue? If a person receiving 100% Veterans Disability benefits dies, the spouse cannot continue to receive it, right?
i have become 100% since 2019 i retired from res in 2014 with 20 years i was married 1996 to 2009 , will she get my retirement or will i only get va money ? she got a lawyer and i filled out paper work did he not know im only gettimg one or the other
she only gets a small precentage however if it is not in the divorce decree ie requested by the person filing for divorce then she get s nothing as for the va com she gets none of that
If she was with you for 10 yrs or more, she can get a portion of your your pension.
I married a veteran last month he was married twice before , both marriages were less than 5 years. The ex’s aren’t entitled to anything right ?
Not for that length of time, but what will control what an ex-spouse receives is what’s written in the final divorce decree from the civilian court.
@@ashleynoelle ok i would have to ask him about that. Thanks so much for your time and valuable information
NO BECAUSE THEY WERE NOT UNDER THE 10 10 10 RULE YOU CAN GOOGLE IT BY TYPEING IN THE MILITARYS DIVORCE LAWS OR 10 10 10 RULE
I meet 20/20/20. My question is can I also get dental? Thank you.
So..If you been married for 20+ years, but separated for allegedly 10, a divorce at this point would entitle your spouse to 50%. Welp I can't date this guy.
Yes, but again, just because that’s what the ex-spouse would be entitled to doesn’t necessarily mean that’s what they’d HAVE to get. The ultimate decision on what the former spouse would receive comes down to the civilian divorce court and what the judge orders in the divorce decree. If the military spouse wants to argue that the former spouse shouldn’t get that much, their attorney could make that argument or they could try to negotiate for something different.
This happen to one of my supervisors at my previous job before I joined the Navy. He served in the Air Force for 20 or 22yrs. He and his was divorced after he retired, and she got half his pension. Which as a result he had to go back into the work field.
Does the service member who wants the divorce need to file in the state they were married in, or can they do it in the state that they are stationed in?
THEY CAN FILE IN ANY STATE IF YOU ARE SMART AND I FALIED TO MENTION THIS FILE THE PAPER WORK IN A NOFAULT STATE I WOULD DRAG OUT THE MATTER UNTIL YOU MOVE IE GET OUT OF SERVICE AND MOVE TO A NO FAULT STATE AND FILE IF YOU ARE THE FILER NEITHER PARTY WILL GET ANYTHING DON'T KNOW WHAT STATE YOU ARE IN BUT I KNOW HAWAII IS A NO FAULT STATE
The information you give is very very good.I am divorced from a Vet. For medical reasons .But by me have to leave for medical reason. He divorced me. We were married for 11 years
he had ptsd and Vet.he was shot Vietnam and on his back for several months.He pass last year.
What do you think about this.
I was married to a 100% disabled veteran for 51 years. We have divorced. Will i get anything when he passes away?
Scary woman
As a soldier, is it best to get a civilian lawyer or JAG lawyer to handle cases? Or would they work equally for the soldier or spouse?
Civilian. JAG can give you info and help with forms but they can’t actually represent you.
THE ONLY TIME A LAWYER SHOULD BE INVOLVED IS WHEN THERE ARE HIGH VALUED ASSETS AND HOW ANY PROPERTY SHOULD BE DIVIDED PROVIDED THE HIGH VALUE LOOK AT THE LAWS OF THE STATE IN WHICH YOU ARE IN THIS IS AND EXAMPLE IN CA THE SPOUSE CANT TOUCH ANOTHER SPOUSE INHERANTANCE AND IF THERE IS PRENUPTIAL ARGREE MENT THAT AGRREMENT MUST BE HONRORED A PRENUP IS A BASICLY A MARTAIL CONTRACT......
How abouth if you got maried 5 years after you retired from.the Military ❓
It doesn't impact your retirement since you were not married while in the military. However, if you are a Federal Government employee, spousal compensation could impact your retirement and survival benefits if you were to divorce your spouse within a certain time frame.
well my husband have only been married for 2 yrs. He joined the army without my consent. And now wants to get a divorce at the beginning so he want have to be responsible for me at all. Wants to walk away Clean with no responsibilities.
He doesn’t need your consent.
I see no problem with that... you should join the military and get your own benefits
Since when am I responsible for other people's income? This world is all about how to screw me in the front side AND the back side, making it impossible to make a living, then if you work REALLY hard, you are a target for all those leaches that can't or don't want to work.
I'm separated, not legally divorce. I want to join the military, but I don't want her to take my money. 🙂
Lol Fair, but remember, what matters with the 20/20/20 and 20/20/15 rules is how much of your service overlaps with the marriage.
NO WORRY JOIN THE MILITARY IF YOU ARE IN A NO FAULT STATE THEN YOU HAVE NO WORRIES PERIOD THE FILER MUST REQUEST ANNY FOR OF FINICNIAL SUPPORT ON THE FILING PAPER THERE ARE ACTUAL QUESTIONS NOTHING IS AUTOMATIC ONLY THE JUDGE CAN AND HAS TO ISSUE A RULING WITHOUT APERING FOR A DIVORCE HEARING I DIDN'T HAVE TO GO TO ONE WENT TO WE THE PEPOLE PAID 800 AND FILL IN THE QUESTIONS AND WITHI 6 MONTHS LATTER THE JUDGE SINGED OFF THE PAPER WORK EASY PEASY JANANESAY
Divorce feels like a death in the family.
If my mom gets half of my dad's retirement by court order and the order states a certain amount, say like $850, does she get a raise each year with his? Please explain.
THE RETIREMENT REQUEST MUST BE IN THE DIVORCE FILING NOTHING AUTOMATIC
@@brianharrington-ws2kj no they don't get any raises. It's whatever it was at the time of the resolution they aren't entitled to nothing after. I found the answer.
Never get married A marriage is a contract.!!!
What if we are both in the military i retire at my 20 year mark and she decides to get out after 12 year mark is she still entitled to half of my retirement?
Hey Deon! If your marriage overlaps for those 20 years of your service, then yes, your spouse could end up being awarded up to 50% of your retirement. However, as I mentioned, what she'll actually receive will come down to what the civilian divorce court orders. So if you want to try to negotiate for something different, you should speak with your civilian divorce attorney about your options.
no only because you did not do the 20 20 20 date of marrage to date of entry of military to discharge date lets say you did 18 YEARS OF SERVICE AND GOT MARRIED ON THAT ANAVERSTY DAY AND MARRIED FOR 2 YEARS ONLY AND GOT DIVORCE NO ONE GETS ANYTHING I GIVE YOU AND EXAMPLE I WAS IN THE MILITARY FOR 20 YEARS I GOT MARRIED IN MY 9 TH YEAR OF SERVICE GOT DIVORCED IN 2008 2 YEARS AFTER COMPLETING 20 YEARS OF NAVAL SERVICE SO FROM 1993 T0 2006 ACTUALLY MARRIED FOR 13 YEARS WHICH MET THE PART OF THE 10 10 10 RULE TO THE 20 20 20 RULE FULL ENTILEMENT THE 13 YEAR MARKER MET THE FIRST TWO PREVISONS OF THE LAW 10 YEARS MARRIED WHILE IN SERVICE AND 10 YEARS OF SERVICE YOU CAN GOOGLE TO THE 20 20 20 10 10 10 rule she would had gotten at least 20 precent of my retirement but i would had ask for 40 precent for spouses support when in which i get back my full retriement plus 20 precent of her pay but this is only if it is requested in the divorce decree....
I’ll make this my last marriage
Smh
I believe that I qualify for the 20/20/20...who do I reach out to verify and to continue other benefits after divorce?
The DEERS office at your nearest installation may be able to help.
SHOW EVIDENCE
YOU MUST SHOW YOUR ENTRY OF SERVICE PAPER WORK AND MARRAIGE RECORD ALONG WITH YOUR DIVORCE RECORD AND DISCHARGE PAPER AN EXAMPLE YOU GOT MARRIED AFTER BOOT CAMP OR EVEN BEFORE BOOT CAMP AND YOU AND YOUR SPOUSE WERE TOGETHTER DURRING YOUR 20 YEAR PERIOD OF SERVICE THEN SHE GET THE FULL DEAL IE BASE PRIVILAGES HEALTH CARE THROUGH TRICARE AND MAYBE THE VA HEALTH CARE AS WELL ALONG WITH THE ID CARD AS WELL and 50 precent of pension but you can ask for spouses suppport as well so it is not a major loss and prize number 2 she uped her income tax bracket which means her normal refund just got reduced or might end up owing more money for taxes at the end of the year and women rather have money then owe
My AIT is going to be more than 50 weeks, Is there anything that allows me to be with my spouse during AIT?
NO CAN DO MR MIGO
My advise please do not get married, its dirty politics when getting a divorce just have a girlfriend and no kids any problems which might flare up later you can always roll your carpet and move and keep all your money and benifits.
Veteran NG keep that information to yourself 💯🪖
veteran NG keep that information to yourself.😮
Hi Ashley I have question about pension for 20/20/20 rule divorced, if former spouse has remarried, Does she or he will loose that pension or not ? Please advise. Thank you so much .
How much of the service member's pension that the former spouse received is determined by the civilian divorce court. So the former spouse would be entitled to whatever is written in that court order. I've made a follow-up video that goes over this here: ruclips.net/video/pcUvbt_aTd4/видео.html. I hope this helps!
What happens if the wife gets remarried,will I get my retirement money back.
no
Do you know 38 CFR?
Hey...this is 'my' opinion and 'my' thoughts (while wearing a military uniform). Also...this isn't 'legal advice' but here are a bunch of legal references and examples. I hope people stop doing this in 2022 😑
Never get married in 2024 and beyond.
Do not tell your wife about your TSP. Have an account under your moms name.
Power of attorney on deployment she knows
NOT WORTH IT. DONT GET MARRIED