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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18809
Experience:  Lawyer and current JAG officer.
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My husband and I are separated and he just retired from the

Customer Question

My husband and I are separated and he just retired from the military. We've been married over 10 years and have one child. How do I apply for spousal and dependent benefits based upon his pension
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Spousal support and child support are not required for military retirees unless there is a court order requiring it. Nothing in military law establishes an automatic right to any portion of his retirement based on the length of your marriage either. All the law does is grant you the same potential access to his retirement as civilian spouses have when attempting to obtain part of a civilian's retirement.

This is because there is no commander to order that support. He is out on his own. DFAS cannot require payment and has no forum or court to order the payment, so this has to be taken care of in a state family law court. You can do this through filing for divorce or by having him sign a separation agreement, which includes child support and spousal support. Then an allotment can be requested, based on the court order, and DFAS would honor a judgment and garnishment request from a court.

The best option here though is to establish these rights in a divorce decree.

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