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

Customer Question
JUST PASSED AWAY CAN...
I WAS MARRIED FOR 15 YEARS TO MY EX SPOUSE AND AM NOW 66 HE JUST PASSED AWAY CAN I RECEIVE BENEFITS FROM HIM
JA: What state are you in? It matters because laws vary by location.
Customer: WI
JA: Has anything been filed or reported?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: HE WAS A VET AND WAS GETTING DISABILITY ALSO
Submitted: 23 days ago.Category: Legal
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Answered in 40 minutes by:
11/20/2017
Lawyer: Ray, Lawyer replied 23 days ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 43,930
Experience: 30 years in civil, probate, real estate, elder law
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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.

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Lawyer: Ray, Lawyer replied 23 days 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

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Lawyer: Ray, Lawyer replied 23 days 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.

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Lawyer: Ray, Lawyer replied 23 days 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.

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