**SPONSORED CONTENT BY DIVORCE INCORPORATED**
“My wife is a cheater, so at least I don’t have to give her any of my retirement.” “We have not been married ten years, so my husband can’t get any of my military retirement.” “My ex has her own retirement, so she can’t get any of mine.” Each of these statements is false. In fairness to those who have said or thought them, they are common misconceptions.
As a military town, Clarksville has people from all over, and their upbringings and layovers in various states and countries has exposed our populace to a multiplicity of laws regarding retirement and other issues. With divorce, however, and retirement division, state law is the primary component. If you are getting divorced in Tennessee, Tennessee law controls.
First, retirement is considered property. If any portion of the retirement accrued during the marriage, that fraction of the retirement is marital. The ten year misconception arises for two reasons. One: The government will only send the non-servicemember a check directly if the marriage has overlapped ten or more years of military service. Two: There are some other states, some containing military installations, where ten years is a threshold to getting military retirement. In Tennessee a marriage of fewer than ten years can still lead to a marital fraction of retirement going to the other spouse. Even if she or he has her own retirement, that is not necessarily a bar either. You would compare the value of each.
Adultery is not a factor in dividing property. Even if the spouse is living with another person, they can still get retirement in a divorce. Why? Fault is not considered in dividing property in Tennessee. Fault is considered in alimony, but retirement division is a different issue than alimony.
Military retirement is one of the most hotly contested areas of litigation in Clarksville. It is an emotional issue. A soldier sacrificed their safety and put their life in jeopardy to get it. A spouse may have sacrificed a career of their own, among other things, to get it. Both sides have merit. If you are in a divorce, talk to an attorney about your rights and do not assume anything.
By Daniel P. Bryant, Attorney at Law
Daniel P. Bryant is an attorney in the Clarksville offices DIVORCE INCORPORATED, Tennessee’s Family Law Firm. His primary areas of practice are divorce, family and juvenile law litigation. Attorney Bryant may be contacted at 931-896-2400 or dbryant@divorceincorp.com. For more information, go to www.divorceincorp.com.