Legal Question in Family Law in Virginia
I am separated and have been for almost 3 years. I was active duty in the Navy for most of that time and I just retired 6 months ago. My wife (from whom I've been separated) has asked me to pay her her portion of my retirement (about 30%) from the day I retired and she is asking me to pay her back for her portion of my dependents pay for the period of our separation up to the point of my retirement. Is she entitled? The military doesn't recognize separation and my dependents-housing allowance was used to continue to pay for the marital home where I live and where my children live most of the time.
1 Answer from Attorneys
No, she is not entitled to such pay for dependents under the circumstances as described (absent a valid court order requiring such payment in my opinion).