He said he got rid of all of them but I call and will be doing a more indepth investigation and checking with all of the friends back home.
It depends mainly on whether the state they are in is a community property state or not.
In a community property state the years of retirement accrued during the marriage belong to the marital community and are divided 50/50.
Federal law can come into conflict with state law in the area of federal retirement plans and in California the Courts continue to find ways to work around federal restrictions - even defying the US Supreme Court on its ruling in a California case.
So, in a community property state (like AZ or CA) then yes she is entitled to 50% of 3 years worth of accrued benefits. In CA its calculated like this:
[3 Years (community property) / Number of Years Accrued (25? +) ] x 50%
something like [3/25] or .12 x 50% = .06 times the amount of monthly benefit.
Thats 6 percent total of the check ($60 for every $1,000).
She MUST wait for the service member to retire first.
In seperate property states the court divides the assets acquired during marriage in a fair and equitable manner. There is no rule that states ALL property acquried during marriage is presumed to be marital property.
In cases where the SM receives disability pay in lieu if retirement benefits she is not entitled to ANY of that. I advise my clients to pull as much disability as they can to avoid having to pay the bitches.