Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
No one finds it disturbing that the OP doesn't care at all about the ex soldier? He just wants to pick his bones clean of his benefits?
Sounds like my ex! Could care less that those pain and suffering benefits compensate me for days/hours/weeks/months/years of agonizing pain from a fractured spine incurred during military service. She would take it all, and anything more, and kick me to the curb.
Does he have the Survivor Benefit Plan (SBP) authorized for his military pension? If so, who is listed as Beneficiary(s)?
IF he has SBP, the beneficiary(s) will get 55% of his pension upon his death.
If he does not have SBP, nobody gets anything.
At least, that is what I understand. I could be wrong. I am a military retiree, and I do have SBP.
You're mostly correct about SBP. SBP at full premium results in a 55% payment of the full pay rate and is the default election, but service members may elect a lesser amount (and the resulting lesser premium). And yes, one can choose not to participate in SBP at all.
As a married retiree, I was counseled (during transition) that any election lower than 55% required that my spouse sign acknowledgement of a lesser amount or absence of SBP....a worthwhile precaution IMO.
I saw a lot of divorces during my military career and 25+ years after my military retirement I still hear about Military Families who have separated... It is not a simple issue, and even various state laws make it more complicated. These articles from the same site might help:
A spouse does not have to be married for 20 years. They only have to be married for 10 years for the army to split the pension in any divorce. The VA disability has pieces of it for family but that is peanuts. My VA spousal is an additional $75.00 a month out of my $660.00. not a lot to split out.
I think we may be talking about something different. After 10 years the spouse will continue to have full privileges for 1 year. The 10/15/20 rule is different depending on when the active duty member joined.
What a judge decides in court is completely separate from those who will automatically get full privileges for the rest of their life. It is very different for those who joined in the late 80/90's who are coming into retirement right now.
I think we may be talking about something different. After 10 years the spouse will continue to have full privileges for 1 year. The 10/15/20 rule is different depending on when the active duty member joined.
What a judge decides in court is completely separate from those who will automatically get full privileges for the rest of their life. It is very different for those who joined in the late 80/90's who are coming into retirement right now.
I think under the 10/15/20 rule she would also get a military ID and be able to have base privileges.
Bad behavior is never excused. But if they don't want anything to do with him, fine. Why try to take his benefit? Just walk away.
Quote:
The 1982 Uniformed Services Former Spouse Protection Act (USFSPA) allows military retirement to be divided as marital property during a divorce decree. This does not give the pay to a former spouse but rather permits the courts to treat military retired pay as disposable and state law will determine how it is divided.
I just got off the phone with our granddaughter. She told me that her father (POS) cut her and her step-sibs out of his will and cut them off completely (Girlfriend wants to get married)
Background: Previously married with 2 kids (our step grand kids) Married while in, and out, of the Navy for +/- 10 years.
Married our daughter and was in Army for over 10 years while serving in Kosovo, Gulf war l and ll. (Married 19 years total) He has severe TBI and PTSD (which I believe enabled witch to control his thinking processes)
When our daughter threw the POS (because she caught him cheating with the witch that has her talons in him now) out the divorce lawyer said our daughter eligible for his pension.
Question, does any of this change???? Does she still get his pension???
Thanks
Totally separate issue. When he transitioned out, he used his GI Bill to pay for college for him. Lasted a few months and dropped school.
He told our granddaughter that that used up his benefits and nothing there for her. Is this true?
Children and grandchildren are not entitled to pensions. When I die, my pension dies with me. While I'm living, children don't get any of it. How does he have a pension after 10 years anyway?
GI Bill can go to children, but not grandchildren, and only goes to children if the parent WANTS it to. Children are NOT entitled to it, at all, ever. It is unlikely to be used up from a semester or two, but he might have given it to another child, or just doesn't want to give it to her.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
