Dear Joanne,

Yes, he can divorce you, just as you can divorce him. However, he may be right in that divorcing now could deprive you of military health benefits. The USFSPA permits former spouses to continue receiving commissary, exchange, and health care benefits after a divorce in certain cases. In order to qualify for continued benefits a former spouse must show that the service member served at least 20 years of creditable service, that the marriage lasted at least 20 years and that the period of the marriage overlapped the period of service by at least 20 years. A former spouse who meets these requirements is known as a 20/20/20 former spouse and is entitled to full commissary, exchange and health care benefits. The Uniformed Services Former Spouse Protection Act (USFSPA) addresses these concerns. Click here to read more.

However, being over 65, if you worked over your lifetime and have Medicare eligibility, you can simply use that form of insurance.

Moreover, Joanne, if he divorces you and if his income is far greater than yours, you can also seek alimony, and an amount to help you get health insurance or supplemental insurance with Medicare. Moreover, if those assets you described are marital in nature (vs. separate pre-marital property), that will be distributable upon divorce also.

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Expert:	AlexiaEsq.
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Answered:	9/11/2009

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