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I'm a spouse of a retired 38 years army veteran, all through…

Customer Question
I'm a spouse of...

I'm a spouse of a retired 38 years army veteran, all through our 18 years of marriage, is was mental cruelty and verbal abuse until recently I file a protective order due to the fact that he pull a gun on me and assaulted me. I file for divorce and dismissed it not to lose my medical insurance. he now has file for divorce. we have 17 year special needs child. question is can I still keep my benefits because it was domestic violence?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Maryland

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

No

Submitted: 1 month ago.Category: Military Law
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Customer reply replied 1 month ago
Please answer my question above
Answered in 10 hours by:
3/7/2018
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,560
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

sorry...what "benefits" are you referring to?

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Customer reply replied 1 month ago
He is a retired 38 years army veteran. Out of those years we were married for 15 years 1 of which were active and the other 14 years reserved. We’re separed and he has filed go divorce. My question is do I lose my medical tricare select. We have a daughter which I know her medical will continue. This was a documented domestic violence separation. I understand the only exception to keep the medical is domestic violence. I can’t offer health insurance. Thank you
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

Thank you
I am sorry to be the one to bear bad news. To keep TRICARE, you have to show you were married for AT LEAST 20 years of marriage that overlap his service. This is the so called "20/20 rule"

Since you do not have 20 years of overlap, you will not qualify for TRICARE.

Now...there is a 15/15 rule that allows you 1 year of transitionary TRICARE...since you have 15 years of marriage overlapping his service you will be eligible for one year of TRICARE after divorce.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that meet the 20/20 rule, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,560
36,560 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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