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My girlfriend who is 56 years old is a widow of an Air Force

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Major (O-3) who died of...
My girlfriend who is 56 years old is a widow of an Air Force Major (O-3) who died of a service connected illness and is receiving monthly DIC of approximately $3000. I am an active duty Navy Captain (O-6). I am retiring in 1 year with an active duty pension. At that time she will be 57 years old. If we were to get married sometime thereafter what happens to her DIC if I place her on my SBP? I presume she would NOT loose her DIC and IF I were to predecese her, she would in addition to her DIC she currently receives would also receive in addition the difference between the
(O-3) and (O-6) compensations. Am I correct?
Submitted: 1 year ago.Category: Military Law
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Answered in 2 hours by:
3/27/2016
Military Lawyer: Marsha411JD, Lawyer replied 1 year ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,552
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Hello,

Thank you for the information and your question. You are correct that this other party you are referring to would not lose their right to DIC when they remarry since they will be at least 57 years of age. As for the SBP issue, since her DIC is for a completely different servicemember than her SBP would be, should she outlive you and take SBP you have elected for her, she would actually have no offset or reduction from her SBP. You can see a discussion of this issue at the following DFAS link (paragraph 8 specifically) : http://www.va.gov/survivors/faqs.asp#FAQ7

Please let me know if you need any clarification after reading all of the information at the link I provided. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

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Military Lawyer: Marsha411JD, Lawyer replied 1 year ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 27th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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