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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15463
Experience:  Lawyer and current JAG officer.
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i was married to an inlisted USAF man for almost 23 years.

Customer Question

i was married to an inlisted USAF man for almost 23 years. 19 plus yers was in USAF. he inlisted in Nov 1964. Not sure of exact departure probably July 1985 or later. I was refused benefits by ID. Maried 5 Jun 1966 divorced May 1989, I did receive 1/2 retiredment at the time 450.00. Now that I am 65 that seems like not much. I did remarry but because I needed health benefits. We are seperated.. married to him 12 years. Could I go back and get more and benefits from my first husband.
Submitted: 9 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 9 months ago.
Hello, my name is XXXXX XXXXX X look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.

The award of military retirement is not a needs based award. It is based on your having been married for nearly all of his military career, so it is equitably divided to give you 50%.

That's actually the most that DFAS can send you. Now, at the time of the divorce, you technically could have been given more, but you would have needed good justification then to receive more than half of the retirement. It is exceedingly rare to ever get that.

The problem now though is that you are talking about reopening a divorce that has been closed for over two decades. It is almost impossible to get a divorce closed that long reopened, unless you can show fraud on the part of your husband or his attorney. Where we see this happen is where the spouse gets nothing and reopens the divorce because she was convinced by her husband that she didn't have any right to it, so didn't ask the court for it originally.

You got 50%, so you can't really make that argument here. There really is not basis for you to get more or even reopen the divorce.

As for lost benefits, the law on that can't be controlled by the courts. Remarriage ends any rights you may have had to continued medical. If you remarried after age 55, then you can technically obtain a military ID for purposes of shopping on base.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15463
Experience: Lawyer and current JAG officer.
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