If you have been married for ten years and are divorcing will you be entitled to half of your spouse's pension?

In: Divorce and Marriage Law

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yes

No...not by default -you might have been married 10 years, but spent 9 of those years overseas, living away from your spouse working a $400,000 per annum job, while your spouse taught grade school for $34,000 per year and kept the kids. Do you think you'd get awarded 50% of a school teacher's pension in this case? Slim chance!

..Such is a very often misconception when dealing with the military especially. People think that just because you've been married 10 years that a spouse (usually the wife) *automatically* gets 50% of the man's retirement. This is furthest from the truth. What is true is that once married 10 years, the spouse (usually the wife) qualifies to have her court ordered portion of the retirement check (if anything) sent directly to HER... verses relying on her former husband to give up her share monthly as ordered by the court.

You can be married 20 years, and the court award you nothing out of your spouse's retirement. It totally depends on the contributing factors of the divorce, details of the marriage, etc. You can be married 15 years and the court award you only 5% of your spouse's retirement. *Remember... just because you're "eligible" for something, doesn't meant that you'll get it awarded to you automatically in court.

First answer by ID1377108562. Last edit by Teiladay. Contributor trust: 1 [recommend contributor]. Question popularity: 6 [recommend question]

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