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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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Here in the state of SC...I have dated my husband years. We

Customer Question

Hello
Here in the state of SC...I have dated my husband for five years. We separated for 7 years. Then in 2003 here in SC we gotten married. We later divorced in 2008 in Florida. He is now getting 80% percent disability from the military...and working at the VA hospital there any way I'm in title to any type of benefits...Please help in need of help.
Thanks
Submitted: 10 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 10 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

For you to be entitled to benefits in your own right, you have to have been married to someone for 20 years, overlapping 20 years of military service. Your facts don't indicate that, bur rather, that your marriage was only for 5 years. The military can't consider periods of dating.

For you to have any claim to any sort of alimony then, that would have to have come from your divorce decree. If the court in that situation didn't grant you any right to benefit, there is no right you are automatically granted based on a 5 year marriage to a former military member.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 10 months ago.
Am I entitled to the commissary at any point
Expert:  Allen M., Esq. replied 10 months ago.

No, you wouldn't be. Again, to have any privileges at all, based on solely on having been married to a veteran, that marriage has to have lasted 20 years and overlapped 20 years of military service.

Then you'd be entitled to an ID card, Tricare insurance and the px/commissary. But it's an all or nothing deal. You don't meet the 20/20/20 rule, so the only rights you could have are not controlled by the military, but rather, by the divorce court.

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