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  1. #1
    Join Date
    Mar 2018
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    2

    Default Spousal Support and Division of Pension Benefits With a Disabled Spouse

    My question involves a marriage in the state of: Virginia

    My marriage of 2 1/2 years is ending due to my spouse's infidelity. I am active duty military and she is retired. She has a 80% disability and does not work, but gets her military pension as well as disability payments. We never established joint bank accounts, she has her own insurance, car titled in her name, etc. The house we live in is in my name only. I am set to retire next year after 30 years. My current active duty income as well as my future retirement is considerably larger than hers. With the marriage being so short, what can I expect to pay her in support, if ordered by the courts?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: What is My Exposure

    Quote Quoting VAMJA
    View Post
    My question involves a marriage in the state of: Virginia

    My marriage of 2 1/2 years is ending due to my spouse's infidelity. I am active duty military and she is retired. She has a 80% disability and does not work, but gets her military pension as well as disability payments. We never established joint bank accounts, she has her own insurance, car titled in her name, etc. The house we live in is in my name only. I am set to retire next year after 30 years. My current active duty income as well as my future retirement is considerably larger than hers. With the marriage being so short, what can I expect to pay her in support, if ordered by the courts?
    1/2 of .08033 (2.5 years divided by 30) of your monthly benefit. So if your monthly benefit was 3k, she could (at most) get 249.00.'
    That of course would then be offset by the .08033 that you would get of HER monthly pension. If her pension was 2k you would get 161.00 of hers so her net would be about 68.00 in that example.

    1/2 of the equity in the home that accrued during the marriage.
    1/2 of any other marital assets that accrued during the marriage.

    In other, not much at all, if anything.

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