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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34301
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My husband is a veteran with 65% disability and we are going

Customer Question

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
Expert:  P. Simmons replied 2 years ago.
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?
Customer: replied 2 years ago.
Yes, is receiving retirement from the military and VA benefits.
Expert:  P. Simmons 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?
Customer: replied 2 years ago.
He served 23 years with the military and we were married for 12 years while he was on active duty.
Expert:  P. Simmons 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.

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