Hello, my question is am I entitled to half of my husband retirement? I have been married to him twice. The first time for 10 1/2 years and the second time 11 yrs and 2 moths and still married going through a divorce now. How do I know if I there is a sbp? is there a way he could have stop this at the begin of his retirement ? he has been retired since 2007 and was in the military for 24 years. and we have been together all of them even throught the first divorce. I have a lawyer but I do not think she understands the military retirement or benifits. Can you please help me and let me know what I am entitled to. If my husband did cancel the sbp can I reinstate it? I do remember him saying he did not want to pay for some kind of insurance at the beginning of his retirement but he said it would not effect me. And if he remarrys now that he is retired can she collect any benifits if he dies. and what are my Social security option once I can collect it??
Chat Conversation Started
You are actually not entitled to any of his retirement.
Allow me to explain.
The law concerning retirement and divorce merely grants the state the right, in a divorce, to grant you up to half of the retirement based on any formula or method that the state sees fit.
That is as much guidance as the law gives.
So, you certainly are entitled to have the state consider you for 50%, but there is no automatic entitlement. You are not entitled until a court says that you get something and then you are only entitled to the degree that state court says.
As for SBP, unless a divorce court orders that you get it and you properly apply with DFAS and send them the decree within one year of the divorce, you don't get SBP.
Once your divorce is final, if you do not have that specific requirement in your decree, the SBP automatically stops or is shifted to someone else.
You must take the step, if it is in your divorce decree, to call DFAS and send them to the decree yourself.
If you husband did cancel the SBP, it can be reinstated based on the divorce decree.
If he remarries now, it won't have any effect on changing what the divorce decree says.
If the divorce decree names you the SBP beneficiary, then you get it and not the new wife (assuming you filed it with DFAS within a year after the divorce).
Your social security options are not effected at all by military law. You apply when you reach the right age.
That is a good resource to give your attorney.
What Happens Now?Your chat has ended, but you can still work with your Expert to get an answer to your question if you have not yet received one.Come back to this page at any time to see additional information from your Expert. You will also receive an email when your question is updated. If you want to send a message to your Expert, use the box below.If you have already received a satisfactory answer to your question, click the Accept button above. Experts are credited for each accepted answer they provide.
My system tells me that this question requires action on my part.I have answered the question as fully as possible with the facts that you originally gave.If you have any further clarifications or questions, please let me know by replying.
I was told by the Marine corp that I was entitled to half since I was marrird to him for the first 101/2 years and for the 2nd 11 years and your telling me no I am not? I don't understand you. The wed site also tells me I am at dfas can you explain
You were told incorrectly. I can't speak to what someone else might be thinking there. Many soldiers and spouses think that they understand the operation of the law here, but they don't. The rumor mill in the military tends to be wrong about half the time.You are certainly entitled to be considered for 50%, but that is not the same as being absolutely entitled to 50%.As for the statement about the Marine corps, there is no differing in the law from branch to branch. The law is universal for all of them. I am attorney with many years of experience dealing with this exact issue, so I'm certain of my answer.And yes, I am telling that you are not entitled to anything. What I mean by that is that the court is not going to be forced to give you half. There is no operation of law that makes you get half.Now, what is also true is that the court can choose to give you half and that is the typical outcome. But I'm just trying to explain to you the completely legal possibility that the court can decide that you get less. Will they? I don't know. Probably not, but legally they can. Legally, they can give you zero.Now, as for DFAS, I linked their website so that you could go there, because that is where you need to submit your divorce decree concerning the SBP and the retirement, if you receive those.Edited by jagcorps_esq on 10/3/2010 at 5:44 PM EST
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).