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My ex husband is going to start collecting his retirement…

Customer Question
My ex husband is...

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?

Lawyer's Assistant: Are you overseas or stateside?

Stateside omaha ne

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

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.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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: 8 months ago.Category: Military Law
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Answered in 9 minutes by:
11/13/2017
Military Lawyer: legalgems, Lawyer replied 8 months ago
legalgems
legalgems, Lawyer
Category: Military Law
Satisfied Customers: 13,653
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 8 months ago

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

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Customer reply replied 8 months ago
I was awarded 50% of retirement benefits in the divorce decree
Military Lawyer: legalgems, Lawyer replied 8 months 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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