If my husband and I divorce, can I receive any portion of his military retirement pay?

UPDATED: Sep 30, 2022

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If my husband and I divorce, can I receive any portion of his military retirement pay?

We have been married for over 31 years, he is 72 and I am 62 years old. For the past several years he has been visiting porn sites and e-mailing women to meet for sex. He says he has not ever met with any of them, but he still e-mails them. Recently I found him on an incest porn site and I have had it My only income is 1,250.00 per month from disability. He receives 2180.00 from his Military retirement and 1,505.00 from Social Security. Can I receive any portion of his retirement if we divorce?

Asked on July 7, 2016 under Family Law, Kansas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Any community property is subject to division.  The court can award you a portion of his retirement or a portion of another asset which is equal to the value of that retirement.  Just how much of either will be up to the judge. To get a better feel for how the judge's in your jurisdiction approach divorces which are based on 'cause or fault,' you need to visit with a local family law attorney.  They can give you a better idea of how you local courts generally approach the division of property.

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