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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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HUSBAND HAS A 100% NON BOOTS ON GROUND MILITARY DISABILITY

Customer Question

HUSBAND HAS A 100% NON BOOTS ON GROUND MILITARY DISABILITY PENSION IF WE DIVORCE AND A LEGAL JUDGEMENT ENTITLES ME TO A PORTION WHILE ALIVE CAN THE JUDGEMENT BE ORDERED FOR AFTER HIS DEATH.
Submitted: 2 years ago.
Category: Family Law
Expert:  ANDREA, replied 2 years ago.
Hi, and thank you for your question, To Answer your question, if a husband is receiving military disability pensions and , a former spouse receives a portion of these benefits as part of a divorce settlement, the spouse would continue to receive these benefits only as long as her former husband was alive. The reason for this is because the disability payments to the husband cease when he passes away and do not survive his demise. Therefore the Court has no power to Order that payments be continued after the former husband's death because these benefits cease to exist when the husband passes away. The benefits that the former wife was receiving were the result of her former husband's military disability. Once the husband is no longer alive, the right of the husband to receive these benefits no longer exists. Therefore, the right of the former wife to receive these payments would also cease to exist. These are "derivative rights", in other words, they are derived from the former husband's right to receive these benefits. When the former husband ceases to exist, these rights no longer exist and the Court does not have the power to keep alive the right of the former husband to receive these benefits. Therefore, the Courts have held that the wife's right to receive these benefits also ceases to exist. If I have not Answered your question, please let me know and I will be glad to explain further. If I have Answered your question, Please be kind enough to leave a positive rating, It will NOT cost you anything, but it is the only way that JustAnswer will give me credit for assisting you. Bonus and Positive Feedback are very much appreciated, Kindest Regards, ANDREA