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  1. #1

    Question Division of Assets in a Military Member's Divorce

    I have a friend that will be docking and coming home from an 8 month leave( NAVY) He has only been married 13 months Married Sep 2011 Till October 2012 His wife wants a divorce no proof besides texts on adultrey he has been deployed since March 2012 and returning this week. She wants half of everything( BAH, SAVINGS PAYCHECKS. AND SAYS IF he DONT she will go after everything else (truck ect.) Everything is in his name she has not had a job the whole time together and has never paid a bill! He has been sending her his BAH and more for her to play with the last 8 months !With no NO KIDS Does she get it half of everything in a divorce? What does she get?

    -Stationed N Virginia

  2. #2
    Join Date
    Sep 2011
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    OH10
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    Default Re: Division of Assets in a Military Member's Divorce

    Generally speaking, he gets to keep everything he owned prior to the marriage. Anything acquired during the marriage is usually split.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Division of Assets in a Military Member's Divorce

    The divorce is going to be filed in what state?

    In most states, the marital estate would be divided equally and each party would be able to keep their premarital assets. If an asset, such as a truck, is paid for out of the marital estate then, depending on when it was purchased, part or all of its value may be part of the marital estate. The rest depends on state law and the facts.

  4. #4
    Join Date
    Oct 2006
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    16,420

    Default Re: Division of Assets in a Military Member's Divorce

    Quote Quoting oneofakind88
    View Post
    I have a friend that will be docking and coming home from an 8 month leave( NAVY) He has only been married 13 months Married Sep 2011 Till October 2012 His wife wants a divorce no proof besides texts on adultrey he has been deployed since March 2012 and returning this week. She wants half of everything( BAH, SAVINGS PAYCHECKS. AND SAYS IF he DONT she will go after everything else (truck ect.) Everything is in his name she has not had a job the whole time together and has never paid a bill! He has been sending her his BAH and more for her to play with the last 8 months !With no NO KIDS Does she get it half of everything in a divorce? What does she get?

    -Stationed N Virginia

    She would get half of whatever assets accrued during the marriage and be responsible for 1/2 of whatever debts accrued during the marriage.

    So, if your friend had 5k in savings when they got married, and 6k in savings when they got divorced, 1k of that would be marital assets and she would be entitled to 1/2 of it, or $500.00. She won't get half his paycheck, or alimony of any kind after such a short marriage. He will have to continue to give her the marital portion of his BAH/BAS until the divorce is final. She might have a small marital interest in his truck, but again, its not likely to be much after such a short marriage.

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