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i was married for 31 years to a military we were married for 31 years april 1971 he retired in dec 1990.am i entitled to any military benefits like health care and commissary etc etc....I know of other women married less and they have all the privilages.
Optional Information: State/Country relating to question: New Hampshire Already Tried: went to the base, and have called deers
Hello, how are you tonight?
fine how are you
So you are wondering if you can be awarded the military benefits of your spouse? I am doing well, thanks for asking!
Is it going to be a contested or uncontested divorce?
so what is the response?
sorry i did not read what you wrote was not contested
Yes, you can be awarded a portion of the military benefits. If it is an uncontested divorce then he can agree to a certain percentage of the benefits or you can agree to a certain percentage or certain benefits to be carried on your behalf. The uncontested divorce would allow for negotiations on what benefits will be acquired by you due to the divorce. It would allow for an equitable and fair agreement between you both.
the only thing i recived was half of is reteriment no health benefits or anything else I was told i donot fall in the 20/20/20 end if i amentitled what is the law i fall under like the code etc etc
However, if it is contested then you will have to present evidence of the lifestyle that you are used to, how his benefits have been used by you, and why you should be entitled to that lifestyle ongoing. That would be the case in a fault divorce, and you will have to show the lifestyle that you led during the 31 years of marriage.
Is the divorce finalized? Have you already signed an agreement?
yes is finalized almost 10 years ago he agreed on the benefits but the military said no So is there a law with a code number i can appeal
If you finalized 10 years ago, unfortunately there is no appeal that you can file. Also, that is why I inquired as to whether it was contested or uncontested, because generally speaking, the federal government, and the benefit of its employees is not subject to state court orders because the federal government is superior to those courts. I know this is not the information you were hoping for, but it is accurate information, which I am obligated to provide.
Does that answer your question, do you have any others? I would be happy to answer any other questions. However, if that did answer your question please provide a positive rating so that I may be credited for our time together.
sorry did not answer my question
i am stuck with no benefits especialy health insurance i wanted to know if i was entitled and ho to go about it
I am sorry, but if your divorce was finalized 10 years ago, and you agreed to an agreement as part of an uncontested divorce action, then you can not appeal that agreement 10 years later. The health insurance would have had to be awarded as a part of the divorce 10 years ago. The appeal time has now elapsed, and you can not now seek health insurance from your ex-husband. You were not entitled to it, but it could have been agreed upon as a part of the original uncontested divorce action.
he agreed on the military did not
I understand, but he can not usurp the military, and force the federal government, specifically the military, to award benefits they provide as his employer.
he was not usurping I thought that was something I was entitled to like so many others lilke i said before that is why i asked for a law number
What exactly do you mean by the government did not agree? Are these "so many others" seeking benefits from the military such as you are through him as a part of your prior divorce from 10 years ago?
they told me i had to be married 20 been whie in active duty for 20 years i was only missing 4 months the formula they went is 20/20/20 while what i read just now is 20/15/20 that is why i asked for your help
Ok, I think I am confused now. Is the divorce over, and you have now been divorced for 10 years? Or are you now in the divorce process?
now i have been divorced for almost 10 years and to day i wet to social security and they told me that even i turned 65 i can not have medicare for another 2 years because i need to wait for him to turn 62
i hope the picture s clear now
I do not understand what you are asking I am sorry, I will now opt out of your question, and allow another expert to help you. This is of no penalty to you, and responding will delay another expert picking your question. Good luck and I hope another legal professional can adequately answer your question.
I will not leave a negative comment I was hoping to get some direction how to receive what other former spouses have received
I understand, but I am not grasping what is that you are asking. If the benefits were not awarded to you as a part of the original divorce, I am not certain how you can now go, 10 years later, to get benefits that were not awarded as a part of the original divorce action 10 years ago.