Legal Question in Family Law in South Carolina

I am retired from the military and drawing retirement pay since 1975. My wife of 33 yeas passed away after I retired. I remarried in 1990 and now it looks as if we will be getting a divorce. Will my current wife be entitled to any portion of my retirement pay?


Asked on 2/05/11, 4:56 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

If the retirement was earned and vested prior to this marriage, then the answer is "probably not." The Court can factor the retirement money into your gross monthly income when determining whether to award spousal support and if so, how much. Obviously, much more information is needed before being able to answer these questions specifically.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 2/08/11, 8:07 pm


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