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Recent Survivor Benefit Plan questions
I was married yrs and my husband was in the army national
hi, I was married for 23 yrs and my husband was in the army national guard for the time we were married. He served approx. 26 yrs. He received a Honorable discharge with his 20 yr service letter pertaining to his retirement pension. When we divorced it is in my divorce decree that when he reached the age of 60 I would be entitled to half of his retirement pension or if he would to pass away I would get immediate coverage. He died last yr at the age of 59 and would have turned 60 this yr.I have tried to get the retirement pension when he passed away but no luck. I was told there was nothing there and it was not stated in my divorce(but it does state that) I also have a letter from the national guard the cola and that if he would pass away I would get 55% and immediate coverage. I have also learned that a QDRO should have been filed. I contacted my Divorce lawyer and she stated that she sent paperwork to me to file the QDRO I never received that paperwork so a QDRO was never filed. I have tried calling her to see what can be done but she does not return my calls now. I also was told that he my ex should have been paying to maintain his retirement pension. I find that hard to believe as he served that time and it should be there.I feel I am entitled to his retirement pension Is there anything I can do?My email address is***@******.***
I am an ex wife of a 20 year retiredAir Force member. We
I am an ex wife of a 20 year retiredAir Force member. We were married for 10+ years, with 3 children. Our uncontested divorce decree was finalized 8 years ago. In our decree, it states that I am entitled to a percentage (leaving that unstated) of his retirement pension. It includes our date of marriage. It states he shall not merge his retired pay/pension with any other, waive any portion, take disability, purse any action that would decrease the amount, reduce it, or defeat the pension/retirement or my portion or right to receive my share of it. It says he shall indemnify me by making payments directly to me for any breach of this provision. It also says, I am the irrevocable beneficiary of the survivor's benefit plan through member's military retirement as a former spouse of his and they he shall execute paperwork as is required to make or extend the election for spouse as said beneficiary, and shall do nothing to reduce or eliminate that benefit. It states he shall elect former spouse only option and should select the base amount as the full amount of monthly retired pay. We have been divorced for eight years and I have been led. To believe that all of this was taken care of, however, my ex retired October of last year and still I have recieved no check. I have obtained a lawyer but she wants me to fill out the DD FORM for deemed election (which I didn't realize was an option before now, my ex and I try to get along for our children so I believed him when he said it was taken care of) and I'm reading that unless the forms are filled out within a year of the divorce they are denied. Also, I'm almost positive he took the $30,000 bonus offered at his 15 year mark for a 1% reduction in his retirement. I'm not getting a lot of cooperation from my lawyer, who I already paid a pretty hefty retainer to, and I wouldn't concern myself with the retainer except I've never gone for an increase in child support, and my ex refuses to help with anything extra, and my son graduates this year, and my ex has maid it clear he won't be helping out with college for any of them and child support stops when they graduate or turn 18, so I figured this would help with that, because florida is not a state that requires divorced parents to both contribute to supporting their college students. Any advice would be greatly appreciated.
Elected SBP when I retired. Divorced 10 years after retiring
Elected SBP when I retired. Divorced 10 years after retiring from the Navy and I had a court order to provide SBP. When divorced was final I did not switch to Former Spouse coverage. I did petition and had SBP changed from Spouse to Former Spouse. It's my understanding that from the time of Divorce until SBP was changed to Former Spouse that no coverage existed. Since I did pay SBP premiums during that time, shouldn't I be entitled to a refund?
My xhusband retired in 1981. We had been married 11 years.View more military law questions
My xhusband retired in 1981. We had been married 11 years. I have two children that are grown now but were with us then as children. He and I have both remarried. My question is am I entitled to any of his retirement either now or when he dies? I have heard several different answers to this question. He was uppose to pay me alimony when we divorced and I never recieved it. Water under the bridge. But I am curious about this. Thanks
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude