Legal Question in Military Law in Virginia

Re: Retirement and other benefits

If he is allowed to retire, the spouse should still be able to receive her share of his retirement pay and keep the benefits. The percentage of the retirement which would be received is decided during the divorce process. However, if he is discharged or otherwise deprived of his retirement, then there would be no retirement to divide by the divorce court. Thus, if he went to a court-martial or Board of Inquiry and received a discharge, he could lose his retirement.

All dependants maintain benefits until a divorce becomes final. Then the spouse would no longer be entitled to any benefits unless she meets the 20/20/20 rule; married for 20 years, he served at least 20 years in the military and they were married for 20 years of his service. If she meets this, then she will keep the benefits even after the marriage. Children will be considered military dependants and entitled to benefits for as long as they are his dependants.

I hope this has answered your questions.

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