As other posters stated, yes, you are entitled to his retirement. I was told this by my lawyer. My h stated that if we divorce he is going to take a portion of my military retirement (he already is retired from the military), so I asked and my lawyer stated though he can go after my retirement, I can go after his, and since he is also a Federal Employee I can go after that and his TSP. That in the end he will probably end up owing me money.

I believe the amount is determined by state laws, so you might want to look that up or ask a lawyer. Good Luck.