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My ex-husband passed away in 2006. We were both military, he was retired from reserves and we were married for 22 years and divorced 1 year prior to his death. Can I collect his pension?
Optional Information: State/Country relating to question: Colorado Already Tried: Tried to contact the military, but they say no. How can this be?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.The only way a former spouse can collect a portion of the pension after divorce is if the divorce court had ordered that SBP be purchased by the retired service member. SBP (survivor benefit program) is an insurance product that is paid for out of retired pension. Like any insurance policy, it has a premium and a beneficiary. The rules for SBP allow coverage of a former spouse, after divorce IF...and this is the key...if the divorce court orders it.So in your case, unless the divorce court ordered that SBP be purchased, there is no way to collect from his military pension.Sorry to have to bear bad news.The only other source of a pension would be through the Veterans Administration. But under VA rules, once you divorce you are no longer eligible for a widows pension
Is there any way to appeal this?
There is not. That is since the law that covers this (Title 10 US Code) was passed by Congress. The only way to change it is if Congress changes the law.Again, sorry to have to bear bad news.
What if I can prove he was not of sound mind when the divorce was recorded? He had a massive brain tumor.
That will not matter. If the divorce is final, the only way to achieve SBP (the insurance product) is with a court order.There is no exception in the law for this.The only way to get SBP now would be if you could convince you Congressman to change the law.Again, sorry to have to bear bad news.