I am a retired member for the Air Force, and have been married for all most 40 years to the same woman. She has moved out of the house and says she is not comming back. I have not filed for a seperation or divorce yet. If I do is she intitled to a part of my Retirement pay, how much and for how long. Also the medical coverage that is affared to her by Tricare, How long do Tricare contenue to cover her medications and doctors and hospital visits or stays. My contact phone number is XXXXX XXXXX.XXX@XXXXXX.XXX.
State/Country relating to question: Ohio
I have not tried anything i want to know what is the law.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.The law that covers this is the Former Spouse Protection Act. This federal law allows the state divorce court to "divide" military retired pay (prior to the FSPA this was not possible at all). The FSPA permits, but does not require, a state court to award a share of retired pay. Its something that divorce courts had been doing for years with other pensions...the FSPA made it possible to treat a military pension the same as any other pension.The court typically will award a portion of the retired pay based on the number of years of Marriage during which the retired pay was earned, divided by the total years of service. If the spouses were married for at least ten years while the member was on active duty, the non-military spouse will qualify for direct enforcement, which means that his or her portion of the retired pay will be paid to him or her directly by the military finance office.So there is not a set right to a specific amount or for a specific time...that is up to the court. For TRICARE if you have 20 years of marriage during service, you will qualify as a 20/20 spouse which gets your spouse TRICARE coverage and commissary and PX benefits after your divorce.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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).