Legal Question in Family Law in Vermont

Re: divorce

Under Tennessee law she is likely going to be entitled one half of that portion of your benefits attributable to the time you were married, and the same for you for any retirement benefits she might have.

Re: divorce

Yes, most likely she will, upon divorce, be able to touch your military pension entitlement/benefits. Although you and she have been separated for 23 years, you and she have remained married to one another.

Your actions 23 years ago of just living apart from one another rather than getting a divorce indicate that you and she wanted to continue to be treated in the eyes of the law as a married couple and to subject yourselves to the legal rights and legal liabilities arising from being married, including the right for her (and liability for you) to share in the military pension entitlement that you acquired during the MARRIAGE.

Bottom line: People who do not wish to subject themselves to the liabilities arising from being married have an way to avoide such liabilities. You simply get a divorce. In your case, however, it appeears you chosse instead to stay married. You wife's entitlement to a portion of your military retirement is based simply on the fact that she was you wife during the time you were acquiring the pension interest. The fact that you and she were living apart is of no consequence so far as it effects her right to touch you military benefits.

NOTE: I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don�t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]