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When an Air Force Officer, who flew and rec'd flight pay in his pay, divorces after 24 years of Marriage, 21 yrs of that being in active Air Force, retiring as a Lt. Col. agreed in Civilian Court to pay his ex-wife, half of his pay, does she continue to get all or half of his pay when he dies?
Optional Information: State/Country relating to question: California Already Tried: Nothing. It is as it has been since the divorce in 1980 with 21 years in the AF married 24 years, with me getting half of his AF pension
Hello,Thank you for the information and your question. Military Retirement pay generally ends upon the death of the retired servicemember. However, if the servicemember elected SBP in your name before he retired, then you will continue to receive those benefits until you remarry. At that point, SBP is no longer payable to a former spouse. So, you will need to either check with him about the SBP, assuming he is still living, or check your divorce decree which should have addressed SBP directly.
Let me know if you need any clarification. I would be glad to assist you further if I can.
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Hello Marsha, I don't know what SBP means.
I located and read the original divorce.
G. "Respondent's U.S.Air Force Retirement Pension"
Respondentshall payto Petitioner one-half of said benefits, including any increased payhments as they are received"."payment made to petitioner five days after Respondent is paid." He would make me go to his place to pick up the check. Finally in 1994, I contacted AF pay in Denver and it has since been mailed to be.
But What does this mean?
"The parties have expressly stipulated that Petitioner's previous agreement to waive her right to receive such benefits upon Remarriage is cancelled and rescinded and is to be colnsidered null and void.Respondent shall provide Petitioner with copies of any Retired Pay Account Statements received by him. Respondent shall pay Petitioner, as her interest in retirement benefits previously paid to Respondent, one-half the difference between $ one half of whatever he receives as pay??? 1,000.00 per month and the monthly retirement benefit actually paid to Respondent .
So I do receive and barely live on half of his retirement pay. I am still single, if I married, would I still get half of his retirement pay?
(He married four years ago to a Korean woman who he dated, then she came over and cooked for him, then she stayed over then she moved in then he married her.)
Could the Korean wife of four years get his retirement pay when he dies?
If he dies, will I, as the Air Force Officer's wife get all of his retirement pay?
Will I continue to get half of his pay?
Out 47 yr old son has been living with me for two years due to unemployment. He initially paid $500. mthl rent, then it went to $300. mth off and on. He has a part time job at Noah's Bagles sometimes 15 hr. mthly. sometimes 12, sometimes 18 hrs. weekly.
Basically I'm supporting him and myself.
My son and I are both on unemployment.
Thanks,
Judith
Hello again,As I mentioned in my initial response, retired pay ends upon the death of the retiree. However, if the retiree has elected SBP (which is Survivor's Benefit Plan), which is a type of insurance, for their spouse or former spouse, that person would be entitled to continued payments under SBP. Again though, retirement pay ends at the retiree's death. I can't get on the DFAS website right now because it appears to be down, but if you Google DFAS and SBP, once the site is back up, you will be able to see details about this benefit. In the meantime, you can also read about SBP at: http://www.military.com/benefits/survivor-benefits/the-survivor-benefit-plan-explained.htmlYour divorce decree does not address SBP so you will have to check with your ex-husband to see if he elected it for you. As for the retirement pay issue while he is still alive, according to your divorce decree it looks like the court ordered that you receive your share of his retirement pay even if you remarry.
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Thank you. I'mglad I found the divorce and will ask him about sbp but he hates me for divorcing him and may not even answer but I'll deal with that.
Thank you,
Sincerely,
I will sign off since our business is finished.
I did findthe answer in the divorce paper.
I'm finished now.
Is there a charge for this?
I will not be on my computer most likely two weeks or so.
You're welcome. I will close the question now. You will only be charged for the initial agreed amount that you agreed to when you asked your question unless you signed up for a subscription. I don't work directly for JustAnswer so I do not have access or knowledge of their charges in a particular customer's case. However, if you need clarification about charges you will want to go to the "help" link on the Site or your question thread and that will take you to customer service.