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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19205
Experience:  Lawyer and current JAG officer.
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Is the divorced wife of a veteran, neither has remarried, eligible

Customer Question

Is the divorced wife of a veteran, neither has remarried, eligible to claim death pension benefits?
Submitted: 2 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 2 years ago.
Hello, my name is ***** ***** I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.
Yes, you were informed incorrectly. There is actually no law at all stating that if you were married at least 10 years you'd be automatically entitled to anything.
There is a commonly misunderstood "10 year rule" which only applies to whether or not DFAS can directly send funds to a former spouse, but that only applies when a court has ordered a division of military retirement during a divorce. Then, for DFAS to send the funds directly to the former spouse, the marriage must have lasted at least 10 years.
That's not applicable here. You must be married at the time of death to be entitled to any death pension.