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I'm married to a retired vet for 25yrs, if divorced am I…

Second opinion] I'm married...

Second opinion] I'm married to a retired vet for 25yrs, if divorced am I entitled to any benefits?

Lawyer's Assistant: Are you overseas or stateside?

Hawaii

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No chain, retired.

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Answered in 19 hours by:
3/22/2018
Josie-Mod
Category: Legal
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Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
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Customer reply replied 4 months ago
still waiting.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

How many years of service does your spouse have? How many of those years were during the marriage?

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Customer reply replied 4 months ago
10 yrs of service with a medical retirement and 7 yrs married while in service.

Thank you.

You'll be entitled to half of his retirement earned during the marriage, which will be paid directly by your husband. DFAS isn't able to send the payments to you directly since you were married for less than 10 years of his service.

To claim medical benefits, I'm afraid you would need at least a 15 year overlap in the marriage and his service (20 to get benefits for more than one year). It is possible to ask that he be ordered to pay for you to get medical insurance on your own, but you won't get the same benefits you're getting now. You also have a right to seek alimony if you're not able to meet your basic expenses using your income, including your share of his retirement pay.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Lucy, Esq.
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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.

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