definition of property concerning military pay

[rick2005]

Jurisdiction

Indiana

My question is about defining military pay in relation to the language in a divorce decree.

1. The relevant statutory provisions are as follows. IC 31-9-2-98 "Property" Sec. 98.
   

1. "Property", for purposes of the Uniform Premarital Agreement Act under IC 31-11-3, has the meaning set forth in IC 31-11-3-3.
   
   
2. "Property", for purposes of IC 31-15, IC 31-16, and IC 31-17, means all the assets of either party or both parties, including:
   
   1. A present right to withdraw pension or retirement benefits;
      
      
   2. The right to receive pension or retirement benefits that are not forfeited upon termination of employment or that are vested (as defined in Section 411 of the Internal Revenue Code) but that are payable after the dissolution of marriage; and
      
      
   3. The right to receive disposable retired or retainer pay (as defined in 10 U.S.C. 1408(a)) acquired during the marriage that is or may be payable after the dissolution of marriage.
   The decree states:
3. PROPERTY: Wife is awarded property presently in her possession. Husband is awarded property presently in his possession. The parties have already divided any and all other personal property of the marriage.
4. MILITARY PENSION: Wife's counsel shall provide appropriate QDRO documents/forms for the implementation of any military pension payouts at the maximum percentage approved by the Department of Defense.

Am I awarded sole ownership of pension according to Indiana's definition, and is the language used to award wife a portion of the pension worse than worthless?

 

[army judge]

Am I awarded sole ownership of pension according to Indiana's definition, and is the language used to award wife a portion of the pension worse than worthless?

If you've been married at least 10 years during your military service, your (soon to be former) spouse gets 1/2, as in 50%, of your future retirement pay.

In addition, she/he will receive a DoD ID card, be enrolled in DEERS for the rest of her/his natural life, UNLESS she/he remarries before age 55 (I think), you can ask your lawyer for the exact age.

Any minor children get such cards, too.

Plus, any children means one of you will be paying child support.

The 50% of your retirement, however, remains hers/his until death do carry him/her to the Great Beyond.

If you don't have a lawyer to represent you through your divorce, AFTER you've been sheared and neutered, you'll wish you had the foresight to retain one.

This is about many, many things, mate, especially your money and assets.

 

[Disabled Vet]

Now.... As Army Judge stated about her part of any retirement pay from your military service. If you get any disability from the VA it CAN'T be touched by her or the court.