Legal Question in Family Law in Washington
10 yrs
Am i entitled to keep my military benefits if I divorce after 10 yrs of marriage? Retirement? ID Card?
1 Answer from Attorneys
Re: 10 yrs
If you accrued benefits from the military while you were married, then those benefits are presumed to belong to the marital community and thus subject to a just and equitable distribution.
Benefits that you accrued prior to your marriage are theoretically yours separately.
ALL property (including retirement benefits) is before the Court for distribution. It is possible to exchange one asset for another, so consider if there is anything else you own that you would be more willing to part with.
Agreements that you reach with your spouse are enforceable, and you maintain more control over the proceedings and the outcome when you make the decisions rather than relinquishing your right to decide to a court.
You relinquish your rights when you refuse to settle or get locked into an untenable settlement posture. A good family law attorney can accurately predict how a court is going to divide property and debts and will not mislead you to think that you can keep everything. Especially after ten years, that isn't going to happen.
Hope this helps. Elizabeth Powell