Legal Question in Family Law in New Mexico

Re: Military Retirement Benefits

Your question does not get a simple yes or no. The questions that arise are: How long were you married? How long were you in the military before you got married? What state did you get married in? Have you always lived in a community property state?

These are questions that a lawyer will want answered prior to saying yes or no. The general rule on property is that if it was acquired during the marriage then both of you own an undivided interest in the property. However, that does not mean the undivided interest is 50/50. There can be and are variations to the theme.

Your best bet would be to contact a lawyer. You can look in the phone book, talk to base legal for recommendations, call the state bar of NM 800 number for their lawyer referral service.

Good luck.

Re: Military Retirement Benefits

I would agree with John's advice and analysis.