Q: I was married for 29 years and for 20 of those years the ex was in the Navy. We were divorced for 10 years then he passed away. During those 10 years I did not ask for any of his retirement pay. I would like to now get my benefits back. How do I go about doing this?
–Kathy
A: Hmmm. It sounds as if retirement benefits were not awarded to you in the divorce decree. If your memory is foggy or you have doubts, dust off that document and read it. In the same vein, he probably didn’t voluntarily elect to provide you with former spouse Survivor Benefit Plan (SBP) coverage. If he did, then you’d be in luck and would receive 55% of the covered retirement pay. With no SBP, you’re not eligible for any of your ex-husband’s military retirement. On the other hand, if you haven’t remarried since the divorce it sounds like you might be eligible for healthcare and installation benefits, such as commissary and exchange privileges. This would be the case if 20 of your married years overlapped with your ex-husband’s military service. I recommend gathering up pertinent documents — marriage license, divorce decree, your ex-husband’s DD214 — and visit the nearest DEERS (Defense Eligibility Enrollment System) location. They should be able to help you sort through the records and get you in the system. However, if you ever remarried, regardless of whether or not you’re currently married, you permanently lost your eligibility for healthcare benefits. Good luck.
The above information is a bit mind boggling,either you have no benefits are you do,i,ll assume you will not have base bennies,such as commessary,BX,Base etc,once your Husband Dies and you remarry.
I been divorce form my wife 25 years and she remarried a retire SFC. Does she still get part of my pension
Sadly if it was in your decree then she gets it until you die
My former husband and I were married for 22 yrs.while he was on active duty. Splitting of his retirement pay was part of the divorce agreement but he died prior to retiring. The SBP was not in the divorce agreement but it clearly states about the retirement pay. He was eligible to retire but died while on active duty. Do I qualify for his retirement pay since he was eligible to retire? Thank you.
No you are not. If he never retired, and was still active duty then he wouldn’t be paying for the SBP (and if it wasn’t in the decree he didn’t have to name you which means you still would have been out of luck). Retirement pay ends immediately on the death of the service member unless SBP was selected. The ONLY way you could receive anything is if he had you named as a beneficiary on his life insurance.
Is an ex spouce eliglibe for a retire’s pay if she has remarried.
If it wasn’t in your original divorce decree then probably not. She can hire a lawyer, as should you, but usually if it wasn’t divided at the time of the decree then no. The only issue would be if there was absolutely no mention of retirement in the order. Then sometimes you’ll find a squirrelly lawyer to try. Go to a lawyer straight off with your original documentation and see what they say about the wording. It’s rare though that an ex can get retirement so many years after a decree is finalized if there was no original mention of it
I am pretty sure she will get nothing but do as the above guest said check it out.
My question is does an ex-spouse continue to receive Retirement pay after the Retiree has passed on? What does Former Spouse Protection Act Deduction mean? Just asking?
Only way they would get pay would be if the retiree elected and maintained SBP in the ex’s name. If they didn’t then you are out of luck. Mind you if it wasn’t written in the divorce decree it’s strictly voluntary for the retiree to do so.
After the retire dies there is no check unless the retiree made her his FSBP or if she like I did made a deemed elective to receive it. It does have to be in the divorce decree. Pretty sure but retire pay and FSPB can be very trickly.
Would you happen to know how long it takes before the former spouse starts to receive the retiree pay? I have been waiting for over 14 mos. to receive my retiree pay from my ex who died on active duty in the army. the SBP office keeps giving me the run around and keeps stating that it’s in processing after 14 mos! Also, would you know who could i talk to that is above the army post SBP office?
Thank you,
A Texas former spouse that was treated unfairly by Fort Hood!
I was married for 18 years and divorsed my Ex, I spent 15 years in the military and got out with an Honerable Discharge while married to my Ex.. I remarried a year later and after 8 years of being married I’ve decided to go back in the military to finish my 5 years for retirement, can my Ex go after my retirement after I have my 20 years.
If it wasn’t in the original divorce decree then no. If it was written in that she would receive a portion of retirement then yes.
Your question is very tricky I would take my divorce papers to a qualified military lawyer and get this resovleve. If she was given part of your retirement That might be all she will get and she would have it for life. But if the is no SBP which there would not have been if you did not retire from the military and just got out. I think you could make your present wife your SBP and if you died she would get that the x wife’s check would stop upon your death. If a portion of your check was in deed in the divorce but not SBP was asigned and you divorced before and remarried then the present wife would be entitled to all benifits. It would behove you to check this out thoughly. good luck
I am an ex-military spouse living in Texas. I was married for 35 years, of that 25 years he was in active duty or National Guard. The divorce attorney that I had hired was not familar with military divorces. I had to do alot of research on military divorce for women and then print out the documents. and give them to my attorney. The complex issue was that Texas is a community property state. The other attorney did only government and Qadro legal issues. Very few attorneys in Texas know or understand Qadros. At the end of finalizing the decree I had written my own divorce decree. I had to be careful of the wording and how it was stated. The ex’s last military job was also connected to Civil Service. When everything was finalized I had 3 divorce decrees.….Texas, Army, and Civil Service. If I want to maried I would have to marrry a military retiree or lose 80% of my benefits.
If in my divorce decree if it states that he has to keep me as benificuary and he doesnt and dies, can I fight that
A divorce decree alone does not entitle you to anything you. When he dies his retirement check will stop. Then the FSBP would kick in in 45–60 days. If he did sign you up for FSBP then you would be entitled and he could not stop it without your permission. You need to take your divorce decree and have a good legal lawyer that knows about military rules and regs. You also need to make a deemed elective which will require him to make you his FSBP if you dont you want get anything. GET A LAWYER. A GOOD ONE.
Im a disabled Military retiree, If my spouse and I divorce with 2 kids under the age of 18 after 23 years what is she entitled to? Does she keep the house? and will I still have to pay her mortgage, if so for how long?
depending on how long you were married while you were in service she can get 50% of your pension. Plus you will more than likely be required to pay alimony and child support for sure. Disability pay WILL be used to calculate child support but make sure you have a damn good attorney that knows the military because federal law dictates that disability shouldn’t be used to calculate alimony and she should only get 50% of your non disability pension. However, there are documented cases where an unknowning lawyer and judge will include disability in the calculations.
In regards to the house, it’s considered joint property and a judge can order it sold and the profits split down the middle. If she wants to keep it that is a negotiating point. Maybe you give her the house and keep your pension etc. however, if she stays in the house make SURE that you refinance the mortgage so that your name is off of it. Because even after the divorce if she stops paying on it, if your name is on it, you are legally obligated to pay. Get it written into the decree that it is to be refinanced out of your name so that she has no recourse.
I was served divorce papers a couple sees ago from my husband who is in the ARMY. We were married a little over 10 years. What are my rights and entitlements? As far as retirement, is it a given if i want or is it up to the judge? Also, can I get 401k and retirement now or do I have to wait till he retires?
It is entirely up to the judge if you get retirement and how much of it you get. Your rights and “entitlements” are whatever your civilian lawyer can secure for you. You will loose all health benefits and military ID privileges as a rule.
If you are awarded a part of his retirement you will only receive that if and when he retires. If the 401k is split (once again, up to the judge) then you can roll over your portion into an IRA etc. If you do not roll it over, and are under retirement age, you will pay all of the tax penalties and fees.
whut is the right of a ex who was marry to miltary navy personal 19 teen yrs and 10months
wend the navy tell her she has no right.but she was given all her miltary right
you should be entailed to half his retirement and full medical and id card make sure in divorce he has to keep you as as survivor benefit plan thats when he has to pay so much every month to make sure you get 55% of his pay if he dies.
She leaves alot of information out. was she married to him 20/20/20. she was not if she was only married to him 19.10months. I was married to him for 19.4 months and the only thing I would have fit in was 20/20/15 which gave me the health insurace for 1 yr I think it might be 2 now. But since I was working they would not even give me that becasue it was providee from my job. So no I got nothing. as far as that goes. I did get part of his retireement check awarded by the court and I did get a deemed elective but no other benifits. You really need a lawyer. it is very confusing and from what is said on her all divorces are not treated alike. good luck
as a post note to the above. I had to have myself made as a FSBP becaue he would not you have to make a deemed elective and you only have a yr from the date of the divorce to do that. You really need to check this out hopefully it is not to late. It might be since the orginal post was over 42 weeks ago. good luck
My husband of 23 years asked for a Divorce in January, 2012. He has 25 years of military service“on the books” and has about 14 months until he can receive Military retirement pay. I need to know what specific benefits are mine. Does the military pay for me, and my three nine year old boys, to relocate? What type of Alimony and child support can I expect? Can I also ask that all Payments my– soon-to-be-ex will be making me go through the court system, so they know when he has paid and when he has not. I have visited the JAG office at Fort Sam Houston to determine what my rights were and they wouldn’t even talk to me, they said it would infringe on my-soon-to-be-ex’s rights. How do I get all the answers I need, when the Army won’t even talk to me. My-soon-to-be-ex is a LTC.
Jackie,
Talk to a lawyer you will have a lot of rights with the knowledge you will know how to get what is due to you. I was married to a retired active duty for 35 years and 19yrs and 10month of that was active duty. I had to start from the bottom too but in the long run it has paid off. Do not put it off get legal advice as soon as possible most will talk with you for 30 min to 1 hr. for free.
Unless things have changed after 20 yrs you get full medical benefits and you are entailed to have of his pay i was told this by military legal aid back in 1990. now about moving don’t know but make sure for lawyer makes mention of your rights to half of his retirement and you don’t have to wait till he retires to collect it!
My husband is a retired after 23 years of service. We have been married for 19 years, 10 years of which was while he was on active duty. We have a minor child. I am curious is Disability pay can be used to calculate spousal and child support?
yes for child support and no for spousal
My husband an i have been married for 4 years an have 3 kids an the first year of our marriage i found out that he was living a double life with someone that looked just like me an the girl found me on facebook.. When i asked him about it all he could do is say yes cause they had pictures together an everything.. Well after that I suppose all the lies had stop but come to find out the chick was in the military, an knew he was married an continue to contact my husband my email an he would go along with the emails an every since i found out they communicate through emails i have been checking his phone an everything.. Im tired of the cheating an lies i have two kids an Im just going to move on an start a new life cause its not going to stop.. what can i do to protect myself an my kids? could they get child support? My husband is a E-5
If they are his kids, then yes you can get child support. If they are from a different baby daddy, that guy should be paying child support and your current husband has no legal obligation to support them unless he legally adopted them. Kind of skeptical though since you say you have 3 kids, then modify it to 2 at the end.
Of course they will get child support and medical care and IDS until they are 18 if they are his his or he adopted them.
I would make it so that the military sends you the child support that way he will not miss a payment. I had to garanish his check for that to happen. Get a lawyer. There are plenty of dead beats around. Untill I could do that I also had his check sent to the main office here in NC and they sent me a check that way it did not bounce on me. You will have to wait untill it clears but different states do it differently . check it out. For three kids it should be about 500.00 for child support here in NC maybe more now.
question you did not clarify if he was actually in the military of if just she was. If he is not then there will be no ID or other stuff. get a lawyer.
can i get alimony if i have only been married to my husband for 4 years an we have 2 kids?
That is up to your state law. 4 years is generally considered a very short marriage and while doubtful you’d get alimony you may receive temporary (like 6 months usually) assistance. Only a lawyer can tell you though.
probably not alimony but yours kids if they are his will have medical coverage and ID cards until they r 18!
I am asking my question for my mother. My mother and father were married for 13 years. He walked out on her right before I was born and the divorce was done about 9 months after that. she was in a bad state that basicly anything that her lawyer said went, at the time no information of retirement happen. My father has been married now 5 additional times and my mother has never been remarried at all. My father is going to be getting his retirement this year from the Army after being reactivated at the age of 59. I have read alot on the subject and I cannot understand if retirement was not listed on the divorce if it could be looked at now. She has little to no income anymore due to health issues. He was in the military for over 10 years of their marrage as well, (continuing on into the mid-90’s) Does anyone know where we can do to assist on this confusing subject?
No she cannot, at the time she was divorced SCRA was already in play so if it’s not in the decree she can’t go back decades later and fight for it. HOWEVER, since they were married over 10 years she should be able to have her social security calculated off of his work history/benefit if it is more than hers was.
I was married to a man in the Army for 29 years, 20 of his 21 years of service. I received half his retirement pay. We signed up for SBP at retirement. We didn’t consider it in the divorce believing the election was irrevocable. A few months after the divorce I discovered, I was no longer beneficiary. I asked my ex to reinstate me as beneficiary, which he did. Two months after that, I contacted DFAS and they told me that I was beneficiary. Three years later (in 2004) he canceled the SBP without my knowledge or consent. He passed away 2 weeks ago and when I went to apply for benefits, was told that he had canceled the SBP and that basically, I was out of luck. Can he do that? What are my options?
Unless it was in the decree that he had to maintain SBP on you (and continue to pay the premiums) then DFAS is right you are SOL. If it wasn’t fully worded out in your final decree he was legally able to remove you or add a new spouse as beneficiary.
I recently married a man who was medically retired as an E-4 when we married. He was previously married to a woman for 10+ years. I want to know if she is still entitled to any of his benefits.
medically retired probably not but check his divorce decree
carol danni annastasia jkw inman . i was married to donald ray kirby for 13 yrs…
a he was sergant 4th class in the military.
SOME ONE IS USING MY IDENTITY AND I WANT ALL THE ********THES IN PRISON FOR A HUNDRED YEARS AND TO DIE THERE… AND I MEAN NOW..
SINCE I AM OUT OF EUROPE AND HAVE DIPLIMATIC IMMUNITY.. I WANT THEM PUT AWAY RIGHT NOW AND EVERYTHING BACK.…
all these people assuming other peoples names and jumping country to country should be put away…
i know theres 8 using my identity and i want them in prison now.….
that goes for the cult too…especially them..they think they can trespass where they want and LYE about WHO sent them.
If your child is a dependent of a retired service member, but the child lives 100% with the mother, and is a minor, is the child entitled to full health and commissary priveledges under the DEERS program. Some offices say the child is entitled to full exchange , commissary, and health benefits and some offices say the child is only entitled to health benefits if they do not physically live with the sponsor which does not seem fair to the children, especially if the sponsor has many children from different households. Please clarify or provide me the documentation so I can give to those DEERS offices that are currently providing false information.
MY UNDERSTANDING IS THEY ARE ENTILED TO ID ARDS AND MEDICAL COVERAGE UNYIL 18 OR 23 GOIG TO SCHOOL!
i was married to a retiree for 21 years of which was all during his 22 active duty years.upon divorce, it was not put into our divorce decree any military benefits…however, as kind hearted as i was, he told me that he was a man of his word, and would pay me a portion of his retireement..i since was able to keep my deers and ID card…for 4 years, he was faithfully paying me as promised until just recently…now hes claiming that since its not in our divorce decree, that “im screwed”…is there a statue of limitation on time frame to file for his retirement?
If it’s not in the original decree you can’t go back and get it once the decree has been finalized. You will maintain your ID, Tricare etc provided you didn’t remarry but if you neglected to get the retirement portion in writing at the time of the divorce then he is more than likely correct as you have no legal recourse to go after him for it.
My husband and I have been married three years. He is active duty E-5 in the Navy. We had a child together and he is now three. My husband said he wanted a divorce and the problem is that i acquired alot of health issues from having our son (degenerative disk disease, which i will need surgery for in a couple of years or i will wind up in a wheelchair) i also acquired high blood pressure, carpel tunnel…he says that he doesnt care that i will be loosing all my medical and that i will have no money to receive any of my meds for pain or anything else…is there anything i can do? i havent cheated or done anything wrong. can he just divorce me and leave me this way?
No there is not anything you can do. If he wants a divorce, he will get one and you will loose all medical coverage. The good news is that with the health care reform that just passed you cannot be turned down for private coverage. Start looking for either a job that will give you individual health coverage (your child will still be covered under Tricare) or start getting private insurance quotes.
i was married to my spouse for almost 30 years, 18 and a half of them were active duty years. I fell short for the 20/20 benefits. I also had a lawyer that knew nothing about military divorces. I was only awarded $500 a month out of his retirement pay. lost all my medical and ID card. I also care for our special needs adult daughter with a life threatening illness. Can I take my ex back to court for half of his pay? I have been divorced from him for eight years. I did move back int his home for six of those years. but he never changed and the abuse was very bad. Please can some one help answer this question for me.
I was married for 23 years to a Navy who went reservist after getting out after only 4 years active duty. We divorced in 2000 and I have been granted 1/2 of his retirement pension. How do I know when he is retired and when it will be awarded to me. We do not communicate and he is very quiet about his pension. Will I be notified when he has started his pension so I can request my half?
I was married 10 and 1/2 years before I divorced. He was Air Force Master Stg. when he retired. When we divorced he was out of military but as soon as divorce was settled he re-enlisted before it was too late. I’m pretty sure at one time he had made me his beneficary, at least till he re-married a few years later. I was never informed or knew I was entitled to a portion or up to half his retirement pay so I didn’t request any at time of divorced. If I seek an attonery that’s familiar with military divocre law and expalin things is it possible I can received my share of his pay?
I have been married to my husband for 18 1/2 years, he is an E-8 in the Army and has been in for almost 20 years and will probably be retiring when he hits 20. We are now in the process of divorcing. I found out a year and a half ago he had an affair while serving in Afghanistan with a lower enlisted woman in the Navy and has a child from the affair. His lawyer says I am entitled to 47.5% of his retirement, I am asking for spousal benefits in my divorce papers, am I entitled to them? I have been told I will loose all my other benefits upon divorce since I didn’t hit the 20 mark, but I read online that I should receive medical for one year after divorce since I have been married over 15 years, but I don’t know who to ask, the Jag office wasn’t much help, neither was the tricare hotline. Any information or advice would be greatly appreciated!
you may be able to get spousal support, if you work probably not, and most states limit the amount of time if can be given for. You can retain Tricare for one year after divorce but you will pay steep monthly fees for it if you choose to do so.
I was marrried nearly 13 years to someone who had been in the military before our marriage. He is collecting benefits now and owes over $40,000 in back court ordered spousal support. Can I get my disabilty changed from Social Security to his military benefits, Or collect the support from his Va benefits?
After 22years of marriage my e-husband and I divorced. I obtained a court order to obtained half of his milatary tetirement. I submitted the paper for this to come in to be processed when he became 60, which was September of this year, of researching this matter, I believe he will start to draw that retirement at the end of this year. Can you confirm this to be accurate? Thanks
My ex husband served in the military for three. We were married for at least 15 years be for the divorce. Am I entitle to any benefits?
My question is similar to many already posted. My stepdad is retired military who collects disability. HIS ex-wife divorced HIM just over 15 years ago. He’s been married to my mom for 14 years. Twice now, my stepdad’s ex has been able to receive a huge portion of his retirement/disability money, the most recent case being 2 months ago. Why is it that after 15 years being divorced, 14 years now married to my mom, this ex-spouse (who FILED against my step-dad) has the right to remove the much needed income from his and my mom’s pockets? If HE had filed on HER, I’d understand…it’s just not right that if he dies, my moms income will suffer and his ex’s will be in abundance.
did your step dad hire a lawyer? Disability benefits are protected by federal law…his ex shouldn’t be able to get one dime of any disability funds. Some civilian judges and attornies are not aware of this fact. If I were him I’d find a lawyer well versed in military divorce matters to look into whether the money she received came from his disability payment, and if so, fight for it back.
Im in the process of going thru a divorce, my husband has been in the Army for 26yrs and we have been married for 8yrs. He did 13-14yrs active duty and 8-9yrs reserve. I know that there is a 10yr rule as far as how long you have to be married before a spouse can get part of the retirement. I want to know since it has only been 8yrs of marriage for me am i entitled to any benefits?
I have a friend who’s husband died while active duty, she was recieving va, medical. She remarried, but it didn’t work out, when her divorce is final, can she get her decessed husbands benifits back?
medical she can never get back, her va, commissary etc will depend on how old she was when she got remarried under 55 she gets none
I was married to my military spouse for 21 years. After she had an affair and knew she wanted a divorce, she Retired from the Army one month short for me to get the 20/20/20 benefits. I was with her for 19 years and 11 months while she was in the Army. Her retiring like this was calculated out so that I would get no medical benifits after our divorce. Is there anything I can do to appeal this?
no there is nothing you can do, one day or one month or one year doesn’t matter regarding Tricare. What I WOULD do is use the Freedom of Information Act to request a copy of her DD214 that shows her official retirement date. She may have put in for retirement before the divorce but I would not trust her on what the official date is.
I am in the National Guard and have a mixed career of active duty and inactive service. I was active duty prior to the marriage, and have been in several years since the separation. The court awarded a percentage of my retirement to my ex based upon the years I was married. However, of the 14 years awarded, I only accrued about 6 years of points. Has anyone else had this experience? I am trying to figure out if if he will be awarded a percentage based on my actual points or if he is going to collect on my entire military career, since I don’t have 14 years of active duty if you add up all my points.
I was married to now a retired navy for almost 8 years and he was on active duty at that time. . Is there a benefit for me from his retirement or other military benefit? I remember a legal officer explained during our separation process that there is a formula that military use and marriage does not have to be 10 years or above.
Thank you.
I was married to now a retired navy for almost 8 years and he was on active duty at that time. . Is there a benefit for me from his retirement or other military benefit? I remember a legal officer explained during our separation process that there is a formula that military use and marriage does not have to be 10 years or above.
I was married to Marine for 15yrs. he had in the divorced decree not to recieve anything he retired at 21yrs. we were divorced at that time i;ve been divorced about 13yrs. my health is starting to fail am i entitled to any benefites?