Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I WAS MARRIED FOR 15 YEARS TO MY EX SPOUSE AND AM NOW 66 HE…

Customer Question
I WAS MARRIED FOR...

I WAS MARRIED FOR 15 YEARS TO MY EX SPOUSE AND AM NOW 66 HE JUST PASSED AWAY CAN I RECEIVE BENEFITS FROM HIM

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

WI

Lawyer's Assistant: Has anything been filed or reported?

NO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

HE WAS A VET AND WAS GETTING DISABILITY ALSO

Submitted: 3 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 40 minutes by:
11/20/2017
Lawyer: Ray, Lawyer replied 3 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,285
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 3 months ago

Yes you can gets social security survivor benefits and likely VA as well.

Social Security

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if they have remarried) if:

  • You are unmarried;
  • You are age 62 or older;
  • Your ex-spouse is entitled to Social Security retirement or disability benefits; and
  • The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.

https://www.ssa.gov/planners/retire/divspouse.html

Make appointment with Social Security and VA to apply here.

I appreciate the chance to help you , Happy Thanksgiving.

If you can positive rate 5 stars it is much appreciated.

VA

Survivors Pension. The Survivors Pension benefit, which may also be referred to as Death Pension, is a tax-free monetary benefit payable to a low-income, un-remarried surviving spouse and/or unmarried child(ren) of a deceased Veteran with wartime service.Jun 16, 2017

Survivors Pension - Pension - Veterans Benefits Administration

https://www.benefits.va.gov/pension/spousepen.asp

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 3 months ago

A former spouse of a retired or active service member is entitled to use the commissary and post-exchange as long as he was married to his former spouse for at least 20 years or more and at least 20 of those years of service were credited toward his ex-spouse's military retirement. A commissary is typically the base supermarket, and the post-exchange, or PX, are the base shops. Although the former spouse loses his privileges if he remarries, access to the commissary and post-exchange is sometimes reinstated if he divorces his second wife.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 3 months ago

A divorced spouse might be entitled to part of his former spouse's military retirement pay, depending on what state he divorced in and his spouse's residency at the time. Federal law allows states to decide whether disposable retirement pay -- retirement money left over after deductions and disability pay -- is subject to the marital property division in divorce. However, the divorced spouse must have been married to the retired service member for at least 10 years, and for at least 10 years of the service time the military spouse used to qualify for her retirement benefits.

Tricare

Tricare, a health provider of the U.S. armed forces, allows health insurance coverage for a divorced spouse of an eligible service member as long as the divorced spouse hasn't remarried. The service member may be retired or active. The sponsor -- the eligible service member -- must have at least 20 years of service that counts toward military retirement benefits for his former spouse to receive coverage. The couple must have been married for at least 20 years and during at least 20 years of service credited toward retirement. Tricare coverage for a divorced spouse ends when he remarries, or if he takes private health insurance through his employer.

Ask Your Own Legal Question
Was this answer helpful?
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,285
45,285 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I inadvertently sent a check from my Health Insurance to a
I inadvertently sent a check from my Health Insurance to a particular provider and I should of cashed the check and paid the both providers. This was in 2016, when I was notified by the provider that … read more
Damien Bosco
Damien Bosco
3,676 satisfied customers
Is social security disability benefits considered community
Is social security disability benefits considered community property … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
This is a question about health insurance coverage for a
This is a question about health insurance coverage for a dependent who is covered under both parents' plans.My daughter has recurring therapy that I have been covering under my employer's health insur… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
How can I compel an investigation of my health insurance
How can I compel an investigation of my health insurance plan's prescription benefits formulary?… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I'm receiving a term disability benefit from my employer
I'm receiving a long term disability benefit from my employer until I turn 67 in 2029. A helicopter company has hired a debt collection agency to get the remaining balance they think they are owed. I … read more
Ray
Ray
Lawyer
45,285 satisfied customers
In state of mi for mi bridge health insurance the first year
In state of mi for mi bridge health insurance the first year i was only ask for income to qualify, the second year asking for pensionns, IRA, and assists? Why are they asking now? Afraid to sign up fo… read more
Ray
Ray
Lawyer
45,285 satisfied customers
I have health insurance with Florida Blue. I changed my
I have health insurance with Florida Blue. I changed my policy for 2018 and paid its first months premiun. The health marketplace sent information on new policy to Florida Blue Dec.13th which included… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
In a marital-property State, do both spouses have to agree
In a marital-property State, do both spouses have to agree to rent jointly-owned property? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am trying to get health insurance and am having issues.
I am trying to get health insurance and am having issues. Some how it is showing up that I am currently incarcerated. I am not nor have I ever been. How do I clear my name ? Could this be identity the… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,198 satisfied customers
I am renewing my health insurance..it asks if I am
I am renewing my health insurance..it asks if I am chronically ill..I have an immune disorder...does that count? I don't tend to think of it as an illness although I do have to have treatment for it..… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
18,663 satisfied customers
I have individual health insurance in the state of South
I have individual health insurance in the state of South Carolina. I switched to a new insurnace carrier and cancled the old by mail. I did not relaize until recently that they did not cancel the old policy and have been charging me along with the new insurance. So I have been paying both. They will not budge and say COB is legal and are using that as the grounds for not allowing the over due refund. Do I have an legal grounds to fight this? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
Second opinion] When a health insurance dubrogation cosim is
second opinion] When a health insurance dubrogation cosim is paid out of a personal injury lawsuit does that cost get paid out of settlement funds BEFORE the lawyer takes his cut? … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
When a health insurance dubrogation cosim is paid out of a
When a health insurance dubrogation cosim is paid out of a personal injury lawsuit does that cost get paid out of settlement funds BEFORE the lawyer takes his cut? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
18,663 satisfied customers
California Inheritance and Medi-Cal health insurance
California Inheritance and Medi-Cal health insurance question. Medi-Cal requirements have changed in the last few years, and my wife and I have been receiving health benefits thru Medi-Cal. My wife wi… read more
KLAW
KLAW
Juris Doctorate
1,851 satisfied customers
Question about health insurance. I was terminated by by
Question about health insurance. I was terminated by by medical insurance for non payment. I wrote an appeal letter which the company received ( I have confirmed that) but have heard nothing from them… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
We applied for adult child with disabilities benefits for
We applied for adult child with disabilities benefits for our son. After being denied under reconsideration with began working with an attorney. Over the last year or so we have met with her once and … read more
Ray
Ray
Lawyer
45,285 satisfied customers
What is my legal responsibility for my health insurance
what is my legal responsibility for my health insurance coverage for my husband ? i have open enrollment this month and do not want to add him for this years coverage as i have left my residence ad fi… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
Question on disbursement of marital property during
question on disbursement of marital property during separation in florida … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x