Military Law

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Related Military Law Questions
If a decease spouse, made a spouse a beneficary on there
if a decease spouse, made a spouse a beneficary on there retirement, but the divorce decree states he is not entitled. How does this work if he was made benificiary before the divorce took place.… read more
Peter Griesch
Peter Griesch
264 satisfied customers
Can I recover SBP payments due to a divorce. I am a
can I recover SBP payments due to a divorce. I am a Commander and a Philippine wife and have been retired 6 years.… read more
Peter Griesch
Peter Griesch
264 satisfied customers
I need to get help with an appeal spousal benefits. He died
I need to get help with an appeal for former spousal benefits. He died from cancer on Sept 2015 and he told me I would get the SBP. My ex husband retired from the U S Army and did not update his recor… read more
Peter Griesch
Peter Griesch
264 satisfied customers
I divorced in 2009 and retired in 2014. My marriage totaled
I divorced in 2009 and retired in 2014. My marriage totaled 223 months out of 334 months of service. My former spouse was awarded 50% of the marital portion of my military retirement (roughly 33.3%). … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
6,019 satisfied customers
Does a final decree/judgement for divorce (state of CA) have to specifically detail an SBP
Does a final decree/judgement for divorce (state of CA) have to specifically detail an SBP provision (in addition to the military retirement award), or can it state, in general terms that any life ins… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
6,019 satisfied customers
What are the "magic words" to award the SBP to a former spouse
What are the "magic words" to award the SBP to a former spouse in a QDRO? At the time of divorce I was not eligible to participate in RCSBP. The divorce decree does not establish SBP coverage, but the… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
2,336 satisfied customers
When my husband divorced his first wife in 1999 (he was a major),
When my husband divorced his first wife in 1999 (he was a major), he was ordered to "continue to provide" SPB coverage. No terms were provided about premiums or levels of coverage. Neither he, nor his… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
6,019 satisfied customers
A very short question if you have time. I am a retired army
Sir: A very short question if you have time. I am a retired army col (94), divorced in 98. Had the pleasure of desert storm! It appears to 3 civilian lawyers that in my actual divorce decree document,… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
My 12-year old divorce decree and incorporated property settlement
My 12-year old divorce decree and incorporated property settlement stipulates that my share of my ex-husband's military retirement is determined by the formula "number of years married while service m… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers
I am in process of preparing a divorce decree from my husband.
I am in process of preparing a divorce decree from my husband. He retired from the active AF January 1, 2008 with 26 yrs service. We were married on October 9, 1990. My questions is I am in the 20/20/… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
Hello Mr. Gorin a follow-up ... Please help me find information
Hello Mr. Gorin a follow-up ... Please help me find information that spells out former spouse eligibility for Reserve Component Survivor Benefit Plan (RCSBP) pursuant to a final decree when divorced B… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
I was divorced almost two years ago this February. I was compelled
I was divorced almost two years ago this February. I was compelled in the final divorce decree by the civilian judge to give my exwife permanent spousal support until my retirement at which time she w… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
Can you pls. calculate what my portion of my ex-huband pension
Can you pls. calculate what my portion of my ex-huband pension would be fo rme monthly if he retired today at a Lt. Colonels pay grade in the Marine Corps. We were married for over 10 years and I was … read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
I was married to a Captain in the Navy who retired back on
I was married to a Captain in the Navy who retired back on June 10th, 2010 with 30 plus years. We were divorced Oct 12, 2006 in the state of CT where in the divorce I was granted half his pension upon… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
My husband of 14+ years is a veteran of the Vietnam era and
My husband of 14+ years is a veteran of the Vietnam era and retired from the military as a O-5 in the Navy in 1989. At this time he enrolled in the Survivor Benefit Plan and named his first wife as be… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
I need military survivor benefit language for an oregon divorce
I need military survivor benefit language for an oregon divorce judgment. Parties are very old, husband receiving va benefits and wife has been on his survivor benefit plan for more than ten years. Bo… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
I am active duty military recently divorced, married for 24
I am active duty military recently divorced, married for 24 years in military. Decree is filed with DFAS. If I died on active duty status now eligible to retire, will the ex-spouse still recieve death… read more
Lawrence D. Gorin
Lawrence D. Gorin
Lawyer
J.D. (Juris Doctor)
1,544 satisfied customers
Did I need to apply for this pension after our divorce (2004)
Also, our divorce decree states that he would maintain the Survivor Benefits policy and maintain me as beneficiary. How can I find out if he has done this?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
17,621 satisfied customers

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Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

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Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

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JAG experience

Marsha411JD

Marsha411JD

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Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

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rcampione

rcampione

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JAG Defense

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CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

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Oklahoma lawyer. Over 10 years in the military.

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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.

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).

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