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Old 01-11-2017, 12:27 PM
 
15,265 posts, read 7,653,923 times
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Quote:
Originally Posted by Stella7997 View Post
I am a wife of a former active duty soldier (we do NOT live together and aren't legally separated yet) and he claims that he was dishonorably discharged from the military. Where do I go to find out if this true and if he is getting any benefits that he should be sharing with me and the children? I don't want to take anything from him. I just need some assistance and how to find out the information to know for sure.
The bottom line is that your lawyer needs to get from him a copy of his DD-214 (Member 4 copy) to verify his discharge character.


Then your lawyer can determine what benefits he gets that might be divisible under the laws of your state.
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Old 10-10-2017, 12:04 PM
 
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Quote:
Originally Posted by Bill790 View Post
If she was married to him for at least 10 years when he was on active duty, and he qualifies for a pension, the courts will automatically award the ex-wife half of the pension upon divorce. That's across the board, all states.--
The 10/10/10 and 20/20/20 rules are for base facility, medical, and commissary/exchange privileges ONLY. Meaning if they were married for 10 years while on active for 10 years then the spouse will get some entitlements, if they were married for 20 while on active duty for 20 then the spouse gets all the entitlements received when the other spouse was active (Medical, commissary, exchange, gym, etc. etc.).

This rule has no bearing whatsoever on what is awarded during divorce proceedings. The MAXIMUM that can be awarded to the spouse with divorce is 50% (this 50% is for pension only and does not include child support).

If you happen to know a link to any state statute that says "the spouse will receive 50% of a military member's pension upon divorce if married for 10 years while spouse was on active duty for 10 years" I would be very interested in reading that.
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Old 10-10-2017, 12:45 PM
 
118 posts, read 77,494 times
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Just curious. Is a spouse entitled to benefits even if they were not married during the time the veteran was actually in the Armed Forces.
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Old 10-10-2017, 01:26 PM
 
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How long were you married? Did you ever ask him why we was dishonorably discharged? You, usually, have to do something pretty bad to get a dishonorable. Seems like something I'd be curious about if I were meeting someone and bumping uglies with them. But that might be old fashioned.


If you marry a loser with no assets, there's probably nothing for you to "get".
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Old 10-10-2017, 01:48 PM
 
15,265 posts, read 7,653,923 times
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Quote:
Originally Posted by LesserSeneca View Post
How long were you married? Did you ever ask him why we was dishonorably discharged? You, usually, have to do something pretty bad to get a dishonorable. Seems like something I'd be curious about if I were meeting someone and bumping uglies with them. But that might be old fashioned.


If you marry a loser with no assets, there's probably nothing for you to "get".

True, a dishonorable discharge have been the result of conviction by general court-martial for a felony that usually includes at least five years in a federal penitentiary.


There might have been some way he got out of actual jail time, but there must have been a general court-martial conviction for a felony in order to have gotten a dishonorable discharge.
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Old 10-10-2017, 07:40 PM
 
Location: Central Massachusetts
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10 month old thread. No return here from the OP. Bottom line here is VA disability goes to him alone and no court can legally share it to wife. The other thing is only important if he is retired and collecting. If he is reserve he would need to be 60 to collect. OP could have lawyer file for disclosure of that in court and if she is entitled to that information it can be had. That means married for 10 years or more.
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Old 10-11-2017, 07:30 PM
 
Location: Middletown, DE
99 posts, read 31,014 times
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Quote:
Originally Posted by TomC23 View Post
Just curious. Is a spouse entitled to benefits even if they were not married during the time the veteran was actually in the Armed Forces.
Retired or discharged?

A retiree who marries after leaving active duty can enroll their spouse in TriCare and have them issued a dependent ID card for on-post privileges. Unless there is a prior spouse from their time on active duty who was married long enough to be able to retain the benefits at the time of the divorce. If the post-service spouse divorces, the benefits go away regardless of how long they were married.

VA benefits from a discharge are only available to the service member and not transferable or assignable to a family member.
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Old 10-11-2017, 08:38 PM
 
7,483 posts, read 7,989,493 times
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Quote:
Originally Posted by oldsoldier1976 View Post
Bottom line here is VA disability goes to him alone and no court can legally share it to wife.
Except they can attach any additional spousal or dependent payments to the spouse or dependent. That portion of VA Disability Compensation has never been immune from attachment.

Although a State Court can not (except as noted above) force an attachment to VA Disability, a Judge can most certainly can use it in their decision on how to split attachable assets.
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Old 10-12-2017, 07:53 PM
 
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If I were you I'd touch base with base legal. (no pun intended) You'll be able to at least talk to someone on the phone and they can answer this question "how can I find out if he's being truthful about his discharge?". You're still married.

On a separate issue, if I were you I'd go to the county and see about child support, food stamps or something. Seems like they'd rather go after him than put you on welfare. You need help.
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Old 10-13-2017, 03:02 PM
 
118 posts, read 77,494 times
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Quote:
Originally Posted by BigDog811 View Post
Retired or discharged?

A retiree who marries after leaving active duty can enroll their spouse in TriCare and have them issued a dependent ID card for on-post privileges. Unless there is a prior spouse from their time on active duty who was married long enough to be able to retain the benefits at the time of the divorce. If the post-service spouse divorces, the benefits go away regardless of how long they were married.

VA benefits from a discharge are only available to the service member and not transferable or assignable to a family member.
Thank you for the reply BigDog.
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