Is my wife entitled to my Military Pension Proceeds in Wisconsin? | Sterling Law Offices, S.C. Is my wife entitled to my Military Pension Proceeds in Wisconsin? | Sterling Law Offices, S.C. global $post;
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– from Daniel J. in Genesee, WI

Question Details:

My wife and I are getting a divorce. I haven't spoken with an attorney yet, but when it comes to the division of our marital property, is she entitled to any of my military pension? When I retire, I am planning to live off of it, but I don't think I'll be able to if I have to split it.

Family Law Attorney Response:

Military Pension Proceeds are considered a divisible marital property under most circumstances. That is most likely a given. However, how much she is entitled to is another story entirely. There are several things the courts will take into consideration when rendering their decision. Because of this, there are numerous ways this case could end.

In the case of Thorpe v. Thorpe, 123 Wis. 2d 424, 367 N.W.2d 233 (Ct. App. 1985), a woman had received 25% of her husband's military pension. This was later set aside, then reinstated as a matter of law. So a better question would be, “How much is she entitled to?” That is a question best answered when all of the facts and details have been given.

My advice is to contact a lawyer right away to begin preparing your case.

Lawyer Holly Mullin from Sterling Law Offices Holly Mullin, J.D. Family Law Attorney lexis-nexis-image lawyers-image justia-image hg-image findlaw-image avvo-image

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