Legal Question in Family Law in Virginia

Re: Military Divorce

Yes, under state law you will likely have a claim to part of your husband's

military retirement pension based upon the income he was receiving while performing military service creditable towards his retirement during the 5+ years that he was married to you. This amount would be entered in the form of a court order as part of your divorce and it would likely be determined either as a result of an agreement between the parties(you and your husband) or, if no such agreement can be arrived at, then as a result of the court's equitable distribution process.

However, since your marriage to your husband will presumably not meet DOD's so-called 10 year rule, which is required in order for the payee spouse

to receive the pension payments directly from the DFAS(Defense Finance and Accounting Service), if awarded, you will have to receive them by way of some other mode such as a lump sum cash payment from your husband, or an increase in the equity in the home or other marital property over and above what you would otherwise be entitled to, transfer of stock or equity fund owned only by him to you, etc., are three examples as to how you might receive payment for your marital claim against your husband's military pension

in the event of your divorce from him.