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    Default Re: Military Severance Pay as a Marital Asset

    Quote Quoting Clair Bonner
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    For purposes of this response, I will assume that you were NOT "legally" separated from your spouse. Since you are married, and not "legally" separated, and since this is not retirement or pension money, all income derived, as well as debts incurred, during the marriage are divisible pursuant to California Community Property laws. This money is not your "separate property."

    That being said, California also recognizes that a division may be determined due to the reason for your "involuntary separation." Again, for purposes of this response, I will assume you did something "purposeful" that caused the military to, for lack of a better phrase, "asked you nicely to leave and never darken their door again." For example, all things being equal, if everything was fine and went according to plan, you were to have received "separation pay" of $20,000 after 4 years of service, but due to the reason for your "involuntary separation" you only received $10,000, then yes, his attorney may, in fact, be correct that he gets the entire $10,000 due to your purposeful acts causing the "reduction of pay" which, in turn, harmed the marital estate.

    We would need more specific facts about all of these matters in order to give you a specific answer.

    No I didn't do anything purposeful,since the war many sailors and soldiers are being seperated for different reasons most with an honorable discharge like myself I wasn't seperated because of disciplinary problems I don't want to go into why I was seperated but it came at a good time I was tired of it,so am I wrong to assume that the day I filed for the divorce can be considered the date of legal seperation which was almost 2 yrs ago? so it was wrong to assume that I did something purposeful unless having a baby with special needs is wrong and I did recieve the full benefit not half of my seperation pay,I however did read somewhere else that under California Law that any assets or monies acquired after the seperation is the seperate property of the spouse that acquired it so my severance pay was not earned during my Marriage it is what I would have been paid if I would have stayed in the military,with that being said I was seperated not by chioce but I didn't fight it either,since as I have said I have a special needs baby whom I didn't want to be away from any longer so this worked out for the best,again Thanks in advance for all answers.

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