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Old 03-27-2009, 08:15 AM
 
4,344 posts, read 5,797,453 times
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Quote:
Originally Posted by Ellwood View Post
My sister got full benefits after being divorced after 10 years in army.
I am going by what was drilled into my head when I worked at DMDC/DEERS a few years ago (its also in the DoDI/AFI and tricare site)
There are exceptions if you were divorced before certain date, but after that date there is no exception (unless its a proven abuse thing).
But now, what I put is accurate.
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Old 03-27-2009, 06:03 PM
 
Location: Hawaii/Alabama
2,270 posts, read 4,123,754 times
Reputation: 6612
In order to be even eligible for ANY services with the Military the spouse would have had to be married at least 10 years with the spouse on AD. If the Military member should separate before 20 years AD then there will be zero benefits (even the SM is not eligible for coverage after separation if it is not due to Retirement or medical retirement).

The OPs best bet would be to try and receive benefits under SSI/SSDI then she may be eligible for Medicaid or Medicare. If she did receive services after her divorce was finalized she might be required to re-pay Tricare. Go ahead and call Tricare (you will not get far), but try to initiate SSI/SSDI.

OP- I am sorry that you find yourself in this position- but why on EARTH did you sign any paperwork without consulting an attorney? Your former spouse counted on the fact that you would not seek to protect yourself and it appears he was correct. Please do not allow yourself to be placed in such a vulnerable situation again. I am completely sympathetic to your situation- but usually in this situation you are SOL. I hope things work out well for you.
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Old 04-09-2015, 03:56 PM
 
1 posts, read 769 times
Reputation: 10
Benefits ("20/20/20" Rule)

Pursuant to 10 U.S. Code §1072(2)(F), a former spouse of a servicemember is defined as a dependent, and therefore entitled to all military benefits and installation privileges, including medical, commissary, military exchanges (PX/BX), etc.

Former spouses who meet these criteria are covered:
1.Married to the servicemember at least 20 years,
2.The servicemember had at least 20 years of creditable service, and
3.There were at least a 20-year overlap between the marriage and the military service.

Transitional Benefits ("20/20/15" Rule)

Pursuant to 10 U.S. Code §1072(2)(G) & (H) , a former spouse of a servicemember is defined as a dependent for purposes of military medical care only, and entitled to one year of transitional medical benefits. The benefits do not include other military benefits, such as commissary, PX/BX, etc.

Former spouses who meet these criteria are covered:
1.Married to the servicemember at least 20 years,
2.The servicemember had at least 20 years of creditable service, and
3.At least a 15-year overlap between the marriage and the military service.
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