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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19176
Experience:  Lawyer and current JAG officer.
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What are my rights as a military spouse of a disable veteran

Customer Question

What are my rights as a military spouse of a disable veteran that is requesting to leave me in 30 days after 28 years of marriage as of last night?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and nearly 20 years of experience in the legal field. I’m happy to be of assistance.

When you are talking about military law, there really are not a lot of controlled military law rights for spouses. By "controlled" I mean things that are rights that you would be entitled to.

First, there is the 20/20/20 rule, which states that if your marriage lasted at least 20 years AND it overlapped at least 20 years of his military service, you'd be entitled to retain your ID card, Tricare insurance and PX/Commissary privileges.

If you don't meet the 20/20/20 rule, you'd not be entitled to any of those things. If you can get to 20/20/15 rule (meaning he served 20 years, your marriage was 20 years and 15 or more years overlapped his military service) you can get one year of transitional Tricare coverage.

As for any funds that he receives on a regular basis due to disability and/or retirement, those are matters handled by the state court. Nothing in military law dictates a result, in terms of alimony or asset division. Courts are allowed to divide military retirement, but they don't have to. Courts are allowed to consider his disability payment as a form of income, for purposes of deciding alimony, but again they don't have to. All the laws concerning these assets did, in terms of military payments, is give the state courts the same rights to choose how they act as they had with civilian forms of retirement. Again, the laws do not dictate a result, so this is a matter for the court decide.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter

Expert:  P. Simmons replied 1 year ago.

sorry, please disregard...error

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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