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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19169
Experience:  Lawyer and current JAG officer.
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My husband was a retired MSG E-8 USA after 27 years of

Customer Question

My name is***** my husband was a retired MSG E-8 USA after 27 years of service. The last few years he has been getting sicker and passed away August 3rd 2015,
We were married over 47years and now they say I will get no part of his retired pay, to help. I through by law if you are married to your spouse for over 25years you could at lease get some of his retirement. I also work for the government and he would have been able to receive part of my Civil Service pay, even if I had passed first.. If you can help me and send me in the right direction to file for this..
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Unfortunately, no that is not how military retirement works. It has nothing to do with how long you were married or long your marriage overlapped his service.

Military retirement dies with the retiree unless they purchase the Survivor's Benefit Plan when they retire. That is the only means of having the retirement extended beyond the life of the retiree, as it creates an annuity based on your life span.

So, there is no means of filing for that after he has passed. If DFAS has said that you would not receive his retirement because he didn't sign up for the SBP at retirement, then regrettably there is no application or form that can correct that now.

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