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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26519
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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my husband was in the airforce for 20 years.( I was married

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my husband was in the airforce for 20 years.( I was married to him for 16 years ,ten of wich he was on active duty during our marriage) An our divorce in 1980, I was granted $153 per month from his military retirement pay as my setlemant. he has just died, his widow has closed the account from which this payment was made each month. will l now lose this amount.?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Ma'am I am sorry to have to bear bad news. When a military service member dies, their right to receive military pension ends.

There is an insurance policy called "sbp" (survivor benefit plan). This is insurance that can be elected and paid for and allows the beneficiary to continue to receive an annuity in lieu of the pension after the death of the veteran.

But this insurance must be elected and paid for.

If the court did not order SBP and he did not purchase this insurance, then there is no way for you to continue to draw money after his death.

Again, I am sorry to have to bear bad news.
Customer: replied 1 year ago.

does that mean his widow will not receive anything also..???my deceased ex husband "declared himself to be a trustee for my benefit , of all his vested rights in,and all of his expectancies, and all of his pension or retirement benefits that hereafter may be distributed from or by the United States government for his services in the United States Air Force. As trustee, Husband agrees that when he receives any such benefits he will promptly pay to Valerie Nixon(Williams) One Hundred and Fifty three dollars of the amount receivedmonthly.. This amount will not increase in the future. Husband agrees to pay this amount monthly through allotment, if possible. Does this make any differance ? my sisters husband died ( he was in the US Navy)she recieves a pension from the military ?

Expert:  P. Simmons replied 1 year ago.
Ma'am the problem you have is that since he died, he no longer is eligible for any money from the Department of Defense.

So the agreement you mention? That is no longer enforceable (since he no longer is alive and no longer receives the pension, you can no longer force him to pay you)

As I mention, if he paid for SBP (the insurance) in your name, you could receive an annuity.

But if he did not do this? THen there is no way for you to collect

As for his widow? The same is true for her...unless he elected and paid for SBP to her, she will no longer be eligible for money.


Again, I am sorry to have to bear bad news
Customer: replied 1 year ago.

If his widow is receiving benefits from his retirement and he did elect to pay SBP...does that mean l will also be eligible...or would he have had to add my name to this SBP (l had never heard of SBP, it was never mentioned at the divorce !)

Expert:  P. Simmons replied 1 year ago.
SPB is an insurance policy. You can only have one beneficiary for this insurance. If his widow was the beneficiary, she gets the money.
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26519
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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