Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law

My husband is a veteran with 65% disability and we are going

Customer Question
thru a divorce....
My husband is a veteran with 65% disability and we are going thru a divorce. If he is disable or becomes 100% disable will I be allowed to keep my military benefits? We have been married for 32 years.
Submitted: 2 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 14 minutes by:
5/29/2015
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,666
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am sorry for this dilemma.
Can you tell me, is he drawing military retired pay as well as VA compensation?
Ask Your Own Military Law Question
Customer reply replied 2 years ago
Yes, is receiving retirement from the military and VA benefits.
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago
Thank you. A few more questions then
1. How many years did he serve?
2. How many of these years were you married?
Ask Your Own Military Law Question
Customer reply replied 2 years ago
He served 23 years with the military and we were married for 12 years while he was on active duty.
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago
Thank you
First the bad news; it is not possible for you to receive any benefits from the Veterans Administration after divorce. The law simply does not allow that. So even if he reaches 100% disability through the Veterans Administration, if you divorce you will not be eligible for any benefits through the Veterans Administration.
And more bad news; because your marriage does not overlap his service by 20 or more years you would not be eligible for medical benefits from the Department of Defense after you divorce.
Now, perhaps some good news. Because you were married during his service, I would expect the divorce court to award you a portion of his military pension. The law that allows this is found at title 20 US code section 1408.
Make sure your lawyer is familiar with this to ensure you receive a portion of his military pension.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Ask Your Own Military Law Question
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,666
35,666 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons 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

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

35,666 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

5,188 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 satisfied customers

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

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

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

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I am an ex-spouse of a retired army soldier, we were married
Hi, I am an ex-spouse of a retired army soldier, we were married in 1980 and divorced in 1997, the last time we were together we were stationed at Aberdeen Proving Ground living on post. We had a host… read more
Thelawman2
Thelawman2
Doctoral Degree
1,291 satisfied customers
Husband officer in the Army commited adultery He retired
Husband officer in the Army commited adultery He retired couple months ago. I have all evidence can he still be charged with UCMJ … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
Been married 24 years husband retired at 24 years but he was
Been married 24 years husband retired at 24 years but he was in 4 years primer of us getting married. What percentage will I get of his retirement … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
My husband is the sponsor. He is a retired MSgt and served
My husband is the sponsor. He is a retired MSgt and served in the USAF. We have 17 yrs of marriage and cohabitated for 10 additional yrs besides. What benefits will I still be entitled to We are curre… read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
But bottom line, being a retired officer and gaining dual
but bot***** *****ne, being a retired officer and gaining dual citizenship with Italy would not disqualify someone from losing their retirement pay?… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I was medically retired for PTSD and placed on a TDRL list.
I was medically retired for PTSD and placed on a TDRL list. I have a re-evaluation coming up and currently struggle with drug use to help cope with my ptsd. Will they deny my benefits because of this?… read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
I am receiving 70% VA benefits due to combat ptsd. I am
I am receiving 70% VA benefits due to combat ptsd. I am currently in the CA ANG and do not wish to attend drills anymore becauase of my symptoms. How will my VA benefits from active duty be affected i… read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
I'm a Retired Marine, divorced and by Federal Law pay my ex
I'm a Retired Marine, divorced and by Federal Law pay my ex 37.5% of my retired pay monthly. I have just been awarded Disability pay from the Veteran' Administration, that is withdrawn from my Retired… read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
My husband recently medically retired from the Army
my husband recently medically retired from the Army Reserves. His out-briefing consisted of paperwork via email and the internet. Nowhere was he informed of his GI Bill benefits and what his options w… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
My husband and I are separated. He is retired but is having
My husband and I are separated. He is retired but is having major surgery tomorrow at a Naval Hospital. I am wondering what rights I have to know about his care and the surgery. My husband is trying t… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
What is the cost for petition for military retirement
What is the cost for petition for military retirement benefits that was not awarded in a divorce that I am entitled to … read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
Military retired pay dispursment law. I'm a retired Disabled
I'm a retired Disabled Marine, I found out after the fact my case was mishandled by my lawyer. In North Carolina … read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
How is a military retirement figured into a divorce for 17
how is a military retirement figured into a divorce for 17 years of marriage? 14 of them were active duty time, the remaining 4 have been since retirement. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
I have a question about VA benefits. Specifically, pension
I have a question about VA benefits. Specifically, pension with aid and attendance … read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
I'm retired military veteran drawing disability. I'm a 100%
I'm retired military veteran drawing disability. I'm a 100% disabled. shouldn't my military benefits and VA benefits account for some of my child support for example they get free medical but because … read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
If being married after retirement and that marriage was
If being married after retirement and that marriage was annulled can I choose the retirement benefit within 12 months if I remarry for the person that I get married to … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I am a retired Veterans Administration employee. I retired
I am a retired Veterans Administration employee. I retired after 10 years with the VA based on aged requirement.My retirement was approved by my chain of command, and I out processed from the VA.Durin… read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
The Veterans administration is collecting a $16,000 debt
The Veterans administration is collecting a $16,000 debt from me by holding my VA disability for a year or more. I am 100 % disabled from Iraq and the debt is mostly older than the 5 year statute of l… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,261 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