Sorry to get on my soap box, but I had 13 years in, decided to get married and we are divorcing after just five years of marriage and she is entitled to some of my retirement and benefits. She has 2 BA's and a mastes degree and never made more than 15K. Yet ran the budget for the household and had us $27K in debt. Did I get any relief from that debt? No, since the cards where in my name only! My commander is not my mother or my father, doesn't decide how I raise my children, but if a wife rasies enough hell. She can get him to take action if I did something harmful. This doesn;t happen in the civilian sector, so why is it different for military?

Depnding on the state and how many years he was on active duty during your marriage depends on how much and how many benefits you get. I wouldn;t want military health benefits. Only real benefit is the commisary, BX/PX/NEX aren't bargins they use to be! General federal law is 20/10 or 10/10. At least ten years active and ten years marriage during that active. So 20 yrs in he gets 50%, then say your married for 10 of those yrs, you would get somehwere between 12.5-25% of his retirement. It;s a werid formula. Then again if he was retired when you married, his retirment is an assets and state law comes into play and the benefits you might be able to get, but don;t count on it. Unless you live near a military base, it's not much help. Tri-care or whatever they call it now sucks!

Yes, if he was retired, why should you get something he earned? If he was on active and then retired, you might get some benefits, but again it is something he earned! Yes, his retirement income is a marital asset and becomes a assets that you can get some of, but I love how your worried about money and benefits before you decide to file instead of worrying about how to make things work!  Did he control your world, denied you from working, getting an education or kept you with child during the whole marriage or did you decide to just be a homemaker? If any of the above was his decision the you do deserve, if not then you should get nothing in my opinion. Oh, if he is retired the military does not care what he does in his personnel life anymore! They would have to recall him to active duty to take any action againist him under military law and that takes an act from the Secretary for that service and he is going to be burden with it.

Was he on active duty during your 11 year marriage or was he already retired? It depends on how long you were married during his active duty status. You may be entitled to a portion of his retirement. I know because I am a dependent and last week seeked Jag legal advise about my rights. Now if he was already retired after your married, then unfortunately I do not know what your rights are.