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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32798
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was married to my ex husband for 21 years he was in the Air

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I was married to my ex husband for 21 years he was in the Air force reserves and retired before we got a divorce. We are in the process of getting a quadro done to divide our assets and he would like to buy me out of his military pension using his 401-K. I am OK with getting bought out but I would like to retain my base privileges and be eligible for tri-care when he officially retires. He is 53 and I am 51. Can he buy me out of the pension and can I still retain the privileges and health care when he retires.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

That depends. Can you tell me

1. What were the dates of your marriage?

2. What are the dates of his service?

3. Do you have an ID card now?
Customer: replied 3 years ago.

My ID card expired.


We were married Sept 14 1991 and divorced January 29 2011.


He served from January 1984 to June 2010.

Thank you Ma'am

I am sorry to have to bear bad news. You are not entitled to an ID card.

The law that covers this can be found at 10 US Code 1062 and 1072

This law allows a former spouse to have ID card privileges if they meet the so called 20/20 rule

That is, their marriage overlaps military service by 20 or more years

In your case, he served more than 20 years.

But your marriage does not you are not eligible for an ID card.

It it very calculation is over 18 years. But the statute requires a 20 year overlap

Again, I am sorry to have to bear bad news

Let me know if you have more questions....happy to help if I can
Customer: replied 3 years ago.

Does this pertain to receiving medical upon his retirement as well?

Yes Ma'am, it does. You need 20 years for that. That is what 10 US Code 1062 and 1072 provide

There is a provision for one year of TRICARE if you have a 15 year overlap...but his only applies for the first year after you will not qualify for that.

Again, sorry to have to bear bad news

P. Simmons and other Military Law Specialists are ready to help you

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