How long will my ex-spouse receive my military pension. Stateside. I am not divorced. We are at the beginning stages of

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Customer: How long will my ex-spouse receive my military pension
JA: Are you overseas or stateside?
Customer: stateside
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am not divorced. We are at the beginning stages of talking about the divorce
Answered by James Daloisio in 4 mins 3 months ago
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James Daloisio
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James Daloisio
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James Daloisio, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I will be the expert ready to answer your questions to the best of my ability and with top-quality service.

Your ex will receive your pension benefit until one of you passes away.
Customer
My legal residence with the Air Force is Nevada, however we have lived in California for 10 years. Do I file a petition in Nevada or California?
Customer
I prefer messaging for now since we are at the early stages.
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James Daloisio, Expert

Assuming that you will return to California when you are discharged, you would file your petition in California.

Customer
I plan is to move to Florida after the divorce.
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James Daloisio, Expert

Yes, but the divorce will occur in California. That is where you should file your petition.

Customer
Thank you.
Customer
Will 50% of my pension satisfy alimony? Our children are 20 and 18. Or will I have to pay alimony and half my pension?
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James Daloisio, Expert

No that would be illegal "double dipping." usually your pension figure is used to calculate the amount of alimony you can afford to pay.

Customer
We own no property and everything in our home is essentially paid for. I have agreed to take on all debt since I was responsible for the finances.
Customer
I agree to 50% of my pension and taking all debt. My wife is a stay at home mother, should I be concerned the court will give more of my pension to her?
Customer
Both kids will be in college.
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James Daloisio, Expert

No. Your settlement offer is more than fair. I believe a court will approve this settlement without question. Particularly if you are covering their college tuition as well.

Customer
in my petition, I will put this in writing and if she disagrees, she would need to argue why she feels more is appropriate. And a Judge will make the decision. Does this sound right?
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James Daloisio, Expert

That's exactly how it happens. But be prepared to respond to whatever argument she may make.

Customer
Thank you.
Customer
I’m reading, California state law, calls for the division of the total retirement. Will this include Disability?
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James Daloisio, Expert

No. In California, disability income is entirely the separate property of the spouse receiving it.

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James Daloisio, Expert

If you have any follow up questions please let me know.
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James Daloisio, Expert

Thanks for visiting Just Answer and have a great day.

Customer
If I am planning for retirement from the military ,should I wait until I file for retirement before I file for divorce?
Customer
Simplify financials, etc. I’m thinking this will help the court and make things simpler.
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James Daloisio, Expert

Yes, it would be a quicker process to retire first.

Customer
What I am thinking, is to run the divorce process and Retirement simultaneously. In the military you are allowed to take up to 6 months off before the actual retirement date. As soon as I have my orders to retire, next day file the petition.
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James Daloisio, Expert

That's probably the smartest way to do it.

Customer
Is it possible to ask for the divorce to be finalized on or around the divorce date?
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James Daloisio, Expert

Yes, of course. You would have to make sure everything is ready for completion, and then get a date for the divorce when everything can be handled at once

Customer
when I file the petition and everything is approved, both parties agree on the terms, we can ask the court for a date?
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James Daloisio, Expert

Yes. The court will want to get you in and out as quickly as possible.

Customer
Thank you.
Customer
If she counters, is it possible to counter with her seeing a therapist for her anxiety and depression before agreeing to anything?
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James Daloisio, Expert

I doubt that a court would enforce such an order. If you can get her to agree to it voluntarily, it would be great.

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