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Old 10-14-2017, 07:14 AM
 
Location: NoVA
13,140 posts, read 8,378,355 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.
Only while married. To be eligible for any military benefits as a divorcee the former spouse must have been married to the retiree while he was on active duty 10 years for temporary benefits and 20 years while he was on active duty. I had a friend who was married to her husband almost 30 years but only 18 were while he was on active duty so she only got medical coverage for one year.
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Old 10-15-2017, 05:56 PM
 
3,185 posts, read 1,870,198 times
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And in some states, SC for instance, you are required to go to a mediator prior to divorce to sort things out prior to a judge saying who gets what, if you both cant agree of course.
Alimony is a travesty.. One state requires a person to married to military member for 6 month to garnish retirement pay.
Now, if said spouse, either one, commits or had intent to commit adultery, the judge will make the decision.
A visit to a tricare office with ID card can shed light on some things, such as service member active, or not and her benefits.
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Old 10-17-2017, 10:04 PM
 
156 posts, read 45,861 times
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Quote:
Originally Posted by Oldhag1 View Post
Only while married. To be eligible for any military benefits as a divorcee the former spouse must have been married to the retiree while he was on active duty 10 years for temporary benefits and 20 years while he was on active duty. I had a friend who was married to her husband almost 30 years but only 18 were while he was on active duty so she only got medical coverage for one year.
Did your friend get part of his retirement ? I was married 23 years , ex was active duty for 17.5 of those. I receive 50% of his retirement that is not disability connected (40%) . I got 1 year of Tricare also. As for the cash cow comment , my ex said I did earn it . Matter of fact , I was the one pushing for him to put in the 20 years not him, I was alone raising my boys for over 6 years of deployments to Iraq and Afghanistan .it was not easy with absolutely no family around.
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Old 10-18-2017, 04:03 AM
 
3,185 posts, read 1,870,198 times
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Quote:
Originally Posted by little pink View Post
Did your friend get part of his retirement ? I was married 23 years , ex was active duty for 17.5 of those. I receive 50% of his retirement that is not disability connected (40%) . I got 1 year of Tricare also. As for the cash cow comment , my ex said I did earn it . Matter of fact , I was the one pushing for him to put in the 20 years not him, I was alone raising my boys for over 6 years of deployments to Iraq and Afghanistan .it was not easy with absolutely no family around.
I understand the years you were married while he/she was in service makes a difference by state too..
Cali it was 6 months and you are entitled, I hate that word.
Kids are the only marriage issue imho. Kids should never be hurt or used to gain any emotional gain.. Kids so often are the ones who really lose the most.
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Old 11-03-2017, 02:20 PM
 
5,537 posts, read 11,994,377 times
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Quote:
Originally Posted by Ralph_Kirk View Post
If he's not communicating with you from prison, he was probably not dishonorably discharged.


But the first thing your lawyer will want from is a copy of his DD-214 that shows the character of his discharge at the bottom (Member 4 copy)
You can get a copy of the DD-214 :

https://www.archives.gov/veterans/mi...ervice-records
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Old 11-03-2017, 02:33 PM
 
5,537 posts, read 11,994,377 times
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Quote:
Originally Posted by oldsoldier1976 View Post
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.
I have an interesting question. Veteran was divorced 20 years, first wife is receiving SBP as part of divorce.

Veterans files for disability and receives 30%, of which is deducted from his/and ex-wife's SBP and he gets the amount in separate check.

Veterans dies from service related illness, second wife of 18 years files DIC. In reading the explanation on VA site, the SBP is reduced, but that is assuming it is the same wife.

So...is first wife's SBP reduced? Does second wife get the DIC?

https://www.va.gov/SURVIVORS/FAQs.asp#FAQ8
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Old 11-03-2017, 04:51 PM
 
Location: Central Massachusetts
4,100 posts, read 3,690,994 times
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Quote:
Originally Posted by Ellwood View Post
I have an interesting question. Veteran was divorced 20 years, first wife is receiving SBP as part of divorce.

Veterans files for disability and receives 30%, of which is deducted from his/and ex-wife's SBP and he gets the amount in separate check.

Veterans dies from service related illness, second wife of 18 years files DIC. In reading the explanation on VA site, the SBP is reduced, but that is assuming it is the same wife.

So...is first wife's SBP reduced? Does second wife get the DIC?

https://www.va.gov/SURVIVORS/FAQs.asp#FAQ8
I am not able to answer that one. That would require DFAS to answer that one.
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