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Anne_C
Anne_C, Lawyer
Category: Military Law
Satisfied Customers: 2302
Experience:  15 Years' Litigation Experience; former NCO, US Army
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what are my military dependent rights after a divorce

Resolved Question:

what are my military "dependent rights" after a divorce? 13 years married
Submitted: 4 years ago.
Category: Military Law
Expert:  Anne_C replied 4 years ago.
  • What state were you divorced in - Hawaii?
  • When did your spouse serve in the military (enlistment/commission year to retirement/discharge)
  • What year were you married?
  • What year were you divorced?
  • Do you have children?
  • Are you working?
  • Have you divorced yet, or are you preparing for one?
Customer: replied 4 years ago.
we are not yet divorced.......just split accounts,and assets, and he, retired Major, USAF (not sure the years)........ moved to Lousiana.................married Jan 6, 1997....no children, both retired.....I am 63 and live in a joint titled condo, that I owned previous to marriage.........wee have agreed to a separation, and he will continue with my military benefits....do not know if this is mandatory or not after a divorce. thank you
Expert:  Anne_C replied 4 years ago.

I'm going to assume that you were not married to him while he was serving.

 

  • Without any overlap in your marriage and his service, you are not entitled to any of his military retirement pay.

  • You are not eligible to continue TriCare, if you are on it.

  • You are not eligible for base or commissary privileges.

So, even if your husband would not oppose you getting those benefits, military regulations won't allow you to continue to receive them.

 

If your husband has service-related life insurance or a SBP naming you as a beneficiary, he can elect to name you as a beneficiary as part of a divorce.

 

I'm sorry I don't have better news for you.

Anne_C, Lawyer
Category: Military Law
Satisfied Customers: 2302
Experience: 15 Years' Litigation Experience; former NCO, US Army
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