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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19067
Experience:  Lawyer and current JAG officer.
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My daughter in law retired from the navy at 17 years during

Customer Question

My daughter in law retired from the navy at 17 years during the Clinton draw down and gets a retirement and tri care. If she and my son get divorced is he qualified for tricare if they were married for 14 years of her military servicer?
Submitted: 2 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 2 years ago.
Hello, my name is ***** ***** I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.
No, he wouldn't be.
Under the law concerning the continuation of Tricare for former spouses of military retirees, the marriage has to have lasted at least 20 years, overlapping 20 years of military service, for the former spouse to retain the right to Tricare.
Expert:  Allen M., Esq. replied 2 years ago.
I know you didn't ask, but I'll just add, he CAN seek a portion of her military retirement.
State courts have the right to divide that as a shared asset based on the overlap of their marriage while she earned that retirement.

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