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My ex husband is going to start collecting his retirement

Customer Question
benefits from Marine corp reserve...
My ex husband is going to start collecting his retirement benefits from Marine corp reserve in December. He was just diagnosed with kidney cancer in second kidney. I was trying to find out about what will happen to my benefits i am going to be receiving 50% of his retirement if he were to pass away?
JA: Are you overseas or stateside?
Customer: stateside omaha ne
JA: Have you talked to anyone in the chain of command about this?
Customer: I dont know who to contact. I have heard about former spouse benefits but do not know what forms need filled out in case he would pass.
JA: Anything else you want the lawyer to know before I connect you?
Customer: that should be it. He has remarried a few months ago. My benefits are supposed to start in January. This is his second bout with Kidney cancer and they are removing the second kidney so trying to protect my benefits.
Submitted: 1 month ago.Category: Military Law
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Answered in 9 minutes by:
11/13/2017
Military Lawyer: legalgems, Lawyer replied 1 month ago
legalgems
legalgems, Lawyer
Category: Military Law
Satisfied Customers: 11,189
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Military Lawyer: legalgems, Lawyer replied 1 month ago

I am sorry to hear this; was a pension division order entered by the court (PDO)?

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Customer reply replied 1 month ago
I was awarded 50% of retirement benefits in the divorce decree
Military Lawyer: legalgems, Lawyer replied 1 month ago

Title 10, United States Code, Section 1408, provides the state court to divide these benefits per their state law.

In order for the decree to be enforced, a copy of the decree and an application needs to be sent to:

DFAS-HGA/CL
Assistant General Counsel for Garnishment Law Directorate
P.O. Box 998002
Cleveland, OH###-##-####/p>

The form is here

The last page has the directions;

Most people will hire an attorney to prepare and serve the papers on the proper agency.

Also please see:

https://www.dfas.mil/garnishment/usfspa/apply.html

https://www.americanbar.org/content/dam/aba/administrative/family_law/committees/gettinghonored_2017.authcheckdam.pdf

http://www.nclamp.gov/publications/the-legal-eagle/fact-or-whacked-myths-and-mistakes-in-military-divorces/

An attorney can review the decree to ensure it addresses all of the relevant issues-if not it is possible to petition the court for clarification or to reopen to address the issue; but this must be done while both former spouses are still living.

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legalgems
legalgems
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Category: Military Law
Satisfied Customers: 11,189
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